Court Notices published in Govt. Gazette No. 20,282 of 18th October 2019

By decree given by the Civil Court, First Hall on the 1st October, 2019, on the application of Brian Cutajar noe, Monday, 13th January, 2020, 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 items, as decreed on 23rd October, 2013, seized from the property of Salvatore sive Salvu Cutajar (ID 375142M).

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

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

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Commercial Section) on the 23rd September, 2019, in the records of the Sworn Application in the names Naudi Antoine Av. Noe vs Boreas Holding Ltd, Application Number 18/2019 JZM, the following publication was ordered for the purpose of service of the respondent company Boreas Holding Ltd, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court (Commercial Section) in the names Av. Antoine Naudi (ID 448570M) as special mandatary of Andreas Strime Christensen, holder of Norwegian passport with number 30349816, in his capacity as trustee appointed by Asker asnd Baerum District Court in Norway, of the property or rather estate of the defunct Thor Stian Kennedy Normann vs Boreas Holding Ltd (C 86166) on the 4th July, 2019, the applicant Advocate Antoine Naudi (ID 448570M) in his capacity premised asked in view of that premised in the Application in terms of Article 402 of Cap. 386 of the Laws of Malta, so that this Honourable Court:

1. Declare for the reasons mentioned in the application that the omission of the respondent company to register the applicant as its sole shareholder with the Registrar of Companies in Malta, on the basis of his appointment dated 25th January, 2019, with Asker and Baerum Districxt Court in Norway is causing and shall probably continue to cause the interpellant prejudice unjustly (unfairly prejudicial) in terms of Article 402 of Cap. 386 of the Laws of Malta and uphold the other demands in the application amongst which that Andreas Strime Christensen, holder of Norwegian passport 30349816, in his personal capacity be authorised to sign any document demanded by the Registrar of Companies in Malta, in particular those called Form K and Form T in order to give effect to the demands mentioned in the application.

With costs

The Sworn Application in the names Naudi Antoine Av. Noe vs Boreas Holding Ltd, Application Number 18/2019 JZM, has been deferred for hearing to Tuesday, 29th October, 2019, at 9.00 a.m.

Applicant: Av. Antoine Naudi noe, Flat 14, Marina Court, Triq Abate Rigord, Ta' Xbiex

Respondent: Boreas Holding Ltd, 29, Triq Santa Marija, Birkirkara

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court (Family Section)

Whereas the plaintiff Maria Zandra Aquino, passport number EC4899026, presented an application (No. 231/19 AGV) demanding corrections in the act of birth of Liza Aquino, number 2803/18 in the Public Registry.

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 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 application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

ĊETTINA GAUCI

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 3rd of October, 2019 (Application number 104/2019BS) by Emmanuel Curmi and others requested the opening of the succession of Michael Curmi, who was a pensioner, son of the late Gużepp Curmi and Paola née Buttigieg, born in Nadur (Gozo) and used to reside in Nadur, Gozo, died in Victoria, Gozo, on the twenty-seventh (27th) of November of the year two thousand and eighteen (2018), intestate, that the decujus died improle and therefore applicants are the heirs ex lege of the decujus, which opening is to be made in favour of the applicants Emanuel Curmi, Rose Curmi, Carmela Buttigieg, Marija known as Mary Camilleri, Jane Camilleri as to equal and undivided shares of one fifth (1/5) each one of 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 (Family Section) on the 30th July, 2019, in the records of the Sworn Application in the names Farrugia Abigail vs Farrugia Aaron, Application number 166/19 AGV, the following publication was ordered for the purpose of service of the respondent Aaron Farrugia, 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 Abigail Farrugia ID 282782(M) vs Aaron Farrugia (ID 322182M) on the 28th June, 2019, the applicant Abigail Farrugia (ID 282782M) asked this Honourable Court,

1. To declare and pronounce the personal separation between the parties for serious reasons and torts imputable exclusively to the defendant amongst which excesses, threats and grievous insults against his wife, which rendered conjugal life impossible and as consequence of which the marriage irretrievably broke down and uphold the other demands in the application.

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

The Sworn Application in the names Farrugia Abigail vs Farrugia Aaron, Application number 166/19 AGV, has been deferred for hearing to Thursday 7th November, 2019, at 9.30 a.m.

Applicant; 13, Frederick Street, Bormla

Respondent: Flat 1, 44, Marigold, Triq Blat il-Qamar, Siġġiewi

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

DKR 118/2013 – Variation of a Freezing Order

It is being notified that by a decree dated 5th July, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri, LLD) after an application filed by Elena Cachia on the 2nd July, 2019, Compilation number 239/2013, in the case in the names:

The Police

(Inspector Malcolm Bondin)

Versus

Martin Cachia, son of the late Michael and Josephine née Aquilina, born in Tal-Pietà, Malta, on the 29th March, 1959, and deceased on the 16th January, 2016, in Ħaż-Żabbar, Malta, resided at number 57, Goya, Triq Sant'Antnin, Marsaskala, Malta, and holder of Maltese identity card bearing number 235859M.

The Court Ordered the release of the sum of twenty-one thousand euro (€21,000) in favour of the applicant Elena Cachia, which sum was exhibited in the acts of these proceedings.

This variation is made in terms of Section 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta following the cancellation of a freezing order against the said Martin Cachia which decree was given on the 5th December, 2016, and published in the Government Gazette of the 24th August, 2018, which follows a freezing order, which was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Mag. Dr Edwina Grima, LLD) by a decree dated 3rd May, 2009, and published in the Government Gazette of the 5th May, 2009.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals

By means of a decree given, by the Court of Appeal, on the 31st August, 2017, in the records of the Application in the names Mario Saliba vs Paul Sammut, Application number 591/12 AF, the following publication was ordered for the purpose of service of the defendants Paul Sammut and Victoria Sammut, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Court of Appeal, Sworn Application number 591/12 AF,in the names Mario Saliba vs Paul Sammut and Victoria Sammut, on the 12th July, 2017, the applicant Mario Saliba respectfully pleaded:

1. That by means of his Sworn Application, of the 8th June, 2012, the interpellant asked the Honourable First Hall to declare that because the premises leased to the applicant is not built with the permits of the authorities thus the interpellant now appellant never obtained the supply of electricity and water, thus consequently he could not use the premises leased to him for the purposes he leased the same premises, 2) order consequently that the lease agreement dated 24th March, 2011, be terminated;

… omissis …

2. That by means of a sworn reply of the 25th September, 2012, the defendants now respondents, pleaded that the applicant's demands are unfounded in fact and at law which are to be rejected;

… omissis …

3. That the respondents availed themselves of the sworn application in order to make a counter-claim. That in the said counter claim the respondents asked the Honourable First Hall i) to delare that the reconvened defendant failed to pay the rent due for the premises mentioned and uphold the other demands in the counter-claim;

… omissis …

4. That the interpellant in his reply to the reconventional demands of the defendants pleaded that 1) that he does not owe any arrears of rent as demanded and this due to the fact that the premises leased could not continue to be used for the purposes it was leased;

5. That the facts in brief are the following;

… omissis …

6. That by means of the judgement in the names Mario Saliba vs Paul Sammut and Victoria Sammut, given, by the Honourable First Hall, on the 22nd October, 2017, Sworn Application 591/2012, the Court of First Instance, abstained from taking cognizance of the second demand of the plaintiff and that part of the second demand of the reconvening defendants for a declaration that the lease agreement was terminated … omissis … and rejected the remaining demands of the plaintiff;

7. That the appellant feels aggrieved by this judgement and is filing this humble appeal therefrom;

8. That the appellant's grievances are clear and manifest and consist in the following;

9. That the grievances of the appellant consist in the fact that in the humble opinion of the interpellant from the totality of the proof brought forward during the course of the proceedings the Court of First Instance was mistaken when it held that the interpellant appellant did not prove till the grade required by law in Civil matters;

10. That the Honourable First Court seemed to have based its ratio decidendi solely on the document that the interpellant exhibited which document in the humble opinion of the interpellant was badly interpreted and was not given the due importance by the Honourable First Court;

11. That in the humble opinion of the interpellant it appears clear that the First Court based its decision in great part on this document … omissis … that this profit and loss account which the Court of First Instance referred to in its decision, appears to have had a certain weight on the ratio decidendi of the First Court is not a true profit and loss account but only a forecast profit and loss account;

… omissis …

13. That it is so much so that in the notes attached with the said forecast profit and loss prepared by the accountant of the interpellant, in the first place it is clearly indicated that this is only a forecast;

14. That in view of the above the interpellant humbly points out that from the nature of this document contrary to that which the Court of first Instance held in its judgement, the interpellant made no substantial profit from that premises and this since the sum mentioned shows only what the interpellant could earn had the premises de quo been covered with the provision of water and electricity;

15. That contrary to that stated by the Court of First Instance this document is clear proof of the loss and not the profit made by the interpellant on account of the fact that he could not work from the premises mentioned due to lack of supply of electricity and water;

… omissis …

19. That the interpellant appellant, humbly points out that the evidence of witnesses considered independent reference to which was made in the preceding paragraph, completely tallies with the version and the interpellant's claims. That the interpellant humbly submits that the depositions of these witnesses continue to corroborate the version of the interpellant and namely he could not work from the premises due to the lack of provision of electricity and water;

… omissis …

21. That without prejudice to the above at this stage the interpellant, points out that once this is a cause of civil nature, the appellant had to prove the basis of his demands on a balance of probabilities;

22. That in the light of these teachings of the Courts, the interpellant always with the utmost respect and humility points out that the default of the First Hall to give sufficient weight to the depositions of these witnesses and the documents exhibited in particular for the forecast profit and loss subsists in a mistake in the appreciation of the proof and thus merits to be reviewed by this Honourable Court as a Court of Revision;

… omissis …

Thus the interpellant, whilst making full reference to the proof already produced and that which may be produced at this stage and whilst reserving to make those submissions permissible at this stage humbly prays that this Honourable Court revoke that part of the judgement given in the names Mario Saliba vs Paul Sammut and Victoria Sammut, given by the Honourable Court First Hall, on the 22nd June, 2017, Sworn Application number 591/2012, and instead uphold the humble appealed filed by the appellant by 1) declaring that because the premises leased to the appellant is not built with the permits of the authorities, the appellant never obtained the provision of water and electricity and thus consequently could not use the premises leased to him for the purpose he leased the same premises, declare that by their actions, the defendants now respondents are responsible for the damages the appellant suffered, liquidate the damages and condemn the respondents to pay the damages, with costs of both instances against respondents and the interest as demanded.

Respondent: 9, Misraħ Suffara, Ħad-Dingli

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By a decree given on 11th February, 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(5) of the Code of Organization and Civil Procedure (Cap. 12).

By decree given by the Civil Court, First Hall, on the 24th June, 2019, on the application of HSBC Bank Malta plc (C 3177), Tuesday, 26th November, 2019, at half past ten in the morning (10.30 a.m.) has been fixed for the Sale by Auction, to be held in Room Numbered 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

a) Garage numbered 17, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East with a drive-in and from the North with garage described as 'j' without number, with all its rights and appurtenances for the related garage. The garage is valued at sixteen thousand and five hundred euro (€16,500).

b) Unnumbered Garage, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East by a drive-in and from the South with a garage described 'i' and numbered 17, with all its rights and appurtenances for the related garage. The garage is valued at thirteen thousand and five hundred euro (€13,500).

c) Garage numbered 20, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex garages named above. The garage is bordered from the East with a drive-in and from the North with a garage described 'l' and numbered 21 with all its rights and appurtenances for the related garage. The garage is valued at thirteen thousand three hundred euro (€13,300).

d) Garage numbered 21, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered by a drive-in and from the South by a garage described 'k' and numbered 20, with all its rights and appurtenances for the related garage. The garage is valued at twelve thousand and six hundred euro (€12,600).

e) Garage numbered 22, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East by a drive-in and from the South by a garage described 'l' and numbered 21, with all its rights and appurtenances for the related garage. The garage is valued at twelve thousand and six hundred euro (€12,600).

f) Garage numbered 23, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East by a drive-and from the North by a garage described 'o' and numbered 24, with all its rights and appurtenances' for the related garage. The garage is valued at sixteen thousand euro (€16,000).

g) Garage numbered 24, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East by a drive-in and from the South by a garage described 'n' and numbered 23, with all its rights and appurtenances for the related garage. The garage is valued fifteen thousand euro (€15,000).

h) Garage numbered 25, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above.The garage is bordered from the West by a drive-in and from the South by a garage described 'q' and numbered 26, with all its rights and appurtenances for the related garage. The garage is valued at eighteen thousand euro (€18,000).

i) Garage numbered 26, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex garages named above. The garage is bordered from the West by a drive-in and from the South by a garage described 'r' and numbered 27, and from the North by a garage described 'p' and numbered 25, with all its rights and appurtenances for the related garage. The garage is valued at thirteen thousand and four hundred euro (€13,400).

j) Garage numbered 27, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South by a garage described 's' and numbered 28, and from the North by a garage described 'q' and numbered 26 with all its rights and appurtanances of the garage. The garage is valued twelve thousand and five hundred euro (€12,500)

k) Garage numbered 28, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South by a garage described 't' and numbered 29 and from the North by a garage described 'r' and numbered 27, with all its rights and appurtenances for the related garage. The garage is valued at twelve thousand and seven hundred euro (€12,700)

l) Garage numbered 29 as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South with garage described 'u' and numbered 30 and from the North with a garage described 's' and numbered 28, with all its rights and appurtenances for the related garage. The garage is valued at thirteen thousand and eight hundred euro (€13,800)

m) Garage numbered 30, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in, from the South by a garage described 'v' and numbered 31 and from the North by a garage described 't' and numbered 29 with all its rights and appurtenances for the related garage. The garage is valued fourteen thousand euro (€14,000)

n) Garage numbered 31, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in, and from the South by a garage described 'w' and numbered 32, and from the North by a garage described 'u' and numbered 30 with all its rights and appurtenances for the related garage. The garage is valued twelve thousand and six hundred euro (€12,600).

o) Garage numbered 32, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in, and from the South by a garage described 'x' and numbered 33 and from the North by a garage 'v' numbered 31 with all its rights and appurtenances for the related garage. The garage is valued at twelve thousand and six hundred euro (€12,600)

p) Garage numbered 33, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South by a garage 'y' and numbered 34 and from the North by garage described 'w' and numbered 32 with all its rights and appurtenances for the related garage. The garage is valued at twelve thousand and six hundred euro (€12,600)

q) Garage numbered 34, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the North by a garage described 'x' and numbered 33 with all its rights and appurtenances for the related garage. The garage is valued at fourteen thousand and eight hundred euro (€14,800)

The garage described in the architect's report under letter 'p' to letter 'y' are all bordered, from the North with Triq il-Ibjar, and from the East with a property of family Buttiġieg or it successors in legal rights and from the West with a drive-in with all its rights and appurtenances for the related garage; included with the sale of each garage is the entrance from street to car lift, an undivided share of the car-lift with access to the basement and the ground-floor garages, the lift shaft, the ramp, emergency fire escape and another secondary stairs ,including the undivided share accessible from the common parts by a vehicle and by foot and a drive-in from the car lift to the respective garage. Access for the complex of garages is an unnamed and unnumbered common entrance in Triq Antonio Zahra, Żejtun. These garages are subject to a passage, drain and pipes that collect rain water in favor of the overlaying properties and access right to do maintenance work in respectable hours after a notice has been given before. Included with this sale there is an undivided share with every garage from a well in the basement. Theses garages are subject to a perpetual ground rent of €2.33 as a share of a higher ground rent on the whole plot that this complex has been built. The ground rent is revisable after 100 years that began on the 3rd February of 1962 and thereafter every fifty years of the value at that time.

The said tenement is the property of Tristan Developments Ltd (C 42116).

N.B. The said tenement will be sold as described in the Judicial Sales Act 42/16

Marvic Farrugia

For Registrar, Civil Courts and Tribunals

By decree given by the Civil Court First Hall on 24th July, 2019, on the application of Azzopardi Joseph et pro et noe and on the request of Dr Peter Fenech noe Tuesday, 29th October, 2019 at half past ten in the morning (10:30 a.m.), has been fixed for the Sale by Auction to be held in room number 78 nearby the Archieves, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The tenements numbered 220 and 221 in Triq San Pawl, San Pawl il-Baħar, valued together at two hundred thousand euro (€200,000).

The tenement numbered 220 was previously used as a shop today garage with a room and courtyard at the back as extensions of the said garaxx partial underlying of the first floor of tenement numbered 221 original were combined.

The tenement numbered 221 on two floors with the first floor adjacent the garage numbered 220 and part of the first floor overlying the said garage.

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