Court Notice

By means of a decree of the 30th October, 2019, the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of a Counter Warrant Number 1517/19, filed in the Courts of Magistrates (Malta) after the Garnishee Order number 18/19 issued on the 9th January, 2019, in the names David Pace (ID 475573M) vs Josephine Galea (ID 594259M) requested this Honourable Court to issue the opportune Counter Warrant for the reason that the application number 16/19CZ was rendered reż ġudikat and the warrant is frivoulous and this according to the judgment of the 17th June, 2019 (copy attached).

Counter Warrant

Republic of Malta

Warrant of the Court

To the Marshall of the Court

Given by the Court abovementioned

In the Courts of Magistrates (Malta)

Magistrate Dr Charmaine Galea LLD

In the records of Counter Warrent Number 1517/2019

The Court

Having seen the application filed on the 9th August, 2019;

Orders service to David Pace with seven (7) days to file a not in terms of Article 836(3) of Cap. 12.

Service: David Pace, 27, Triq Blackley, Tal-Pietà

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court (Family Section)

Whereas the plaintiff Angie Azzopardi (ID 569888M) filed an application under oath (No. 130/19 AL) demanding corrections of the Act of Birth of the minor Zalaya Azzopardi, registration number 2605/19 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,

RITA VELLA BALDACCHINO

For the Registrar, Civil Courts and Tribunals

Whereas  Teddie Teuma filed a writ of summons no. 90/2019 (BS)  in the names “Teddie Teuma -vs- Direttur Reġistru Pubbliku” demanding corrections in his Act of Birth with progressive number six hundred thirty-two of the year one thousand nine hundred and fifty-nine (632/1959) and in the Act of Marriage with progressive number one hundred forty-nine of the year one thousand nine hundred and eighty-three (149/1983).

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.

MAUREEN XUEREB

For the Registrar, Gozo Courts and Tribunals

Notice Registry of the Civil Court (Family Section)

Whereas the plaintiff Samanatha Bray (ID 65085M) filed an application under oath (No. 237/19 AL) demanding corrections of the Act of Birth of the minor Alaiza Aquilina Bray, registration number 63108 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,

RITA VELLA BALDACCHINO

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 15th November, 2019, on the application of Bank of Valletta plc (C 2833), Thursday, 20th February, 2020, 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 near the Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Unnumbered garage named ‘Elia’ in Triq il-Kanun, Ħal Qormi other times referred to as Santa Venera. The said garage is bounded on the East by Triq il-Kanun, North by property of Emanuel Galea and on the South by property of Carmelo Dingli or his successors in title and subject to annual and subperpetual ground rent of forty-one euro and five cents (€41.05) payable directly to the subdirectors, payable annually in advance, free and unencumbered with all its right and appurtenances, tale quale and with vacant possession valued at two hundred and thirty-five thousand euro (€235,000).

The said tenement is the property of Merger Enterprises Limited (C 7066).

N.B. The said tenement will be sold as described in the acts of judicial sales number 32/2016.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 26th June, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Vodafone Malta Limited (C 10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000 filed a Claim on the 24th June, 2019, whereby they asked the Tribunal to condemn Lorraine Mary Perici (ID 96789M) of 29, Santa Rita, Triq is-Soll, Santa Venera, to pay the plaintiff company the sum of €1,496.68 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 156/2019KCX) is deferred on the 26th November, 2019, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 14th November, 2019, in the records of the Sworn Application in the names Sciriha Dr Noella noe vs Mangion Sandrine, Application Number 221/19 AL, the following publication was ordered for the purpose of service of the respondent Sandrine Mangion, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application presented in the Civil Court (Family Section) in the names Dr Noella Sciriha as special mandatary of Simon Mangion (English Passport 554024642) vs Sandrine Mangion (ID 0144034A), on the 25th September, 2019, the applicant Dr Noella Sciriha nomine asked this Honourable Court:

1. To pronounce the personal separation between the parties for the reasons mentioned in the application and uphold the other demands in the application.

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

The Sworn Application in the names Sciriha Dr Noella noe vs Mangion Sandrine, Application Number 221/19 AL, has been deferred for hearing to Tuesday, 3rd December, 2019, at 9.15 a.m.

Respondent: Flat 4, St John Flats, 18, Triq Locker, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 12th November, 2019, in the records of the Sworn Appolication in the names Vassallo Denise pro et noe vs Cuschieri Richard John Charles et, Application Number 185/19 JPG, the following publication was ordered for the purpose of service of the respondent Richard John Charles Cuschieri, 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 Denise Vassallo (ID 268783M) in her own name as well as curator ad litem of the minor … omissis … vs 1. Richard John Charles Cuschieri 2. Director Public Registry, on the 30th July, 2019, the applicant Denise Vassallo in her own name and as curator ad litem of the minor … omissis …, respectfully pleaded and asked this Honourable Court:

1. That on the 9th September, 2004, the applicant Denise Vassallo gave birth to a girl she named … omissis … (certificate of birth annexed) who was concieved in the course of a relationship she had with the respondent Richard John Charles Cuschieri.

2. That the parties are not married and the respondent refused to acknowledge his daughter.

Thus in view of the above the respondents are to state why this Honourable Court should not:

1. Appoint a scientific expert for DNA test, in order to confirm that the minor … omissis … is the daughter of the respondent Richard John Charles Cuschieri.

2. In case that it scientifically results that the minor … omissis … is the daughter of the respondent Richard John Charles Cuschieri, declare that the same respondent Richard John Charles Cuschieri is the natural father of the minor … omissis …

And uphold the other demands in the application amongst which the correction of the birth certificate and that, in the best interest of the minor, the surname of the minor is to remain that of Vassallo.

With costs against the respondents or either of whom from now summoned so that a reference to their evcidence be made.

The Sworn Application in the names Vassallo Denise pro et noe vs Cuschieri Richard John Charles et, Application Number 185/19 JPG, has been deferred for hearing to Friday, 22nd November, 2019, at 10.15 a.m.

Applicant: Denise Vassallo (ID 268783M) 1, Rudrad Flats, Triq Għajn Kajjet, Rabat, Malta

Respondent: Richard John Charles Cuschieri, Shanrich Garage, Triq il-Maġġur Anthony Aqulina, Birkirkara

Respondent: Director Public Registry, Triq il-Merkanti, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Consumer Claims Tribunal of 1st October, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Stefano Borg of 13, Caleana Major, Flt 7, Triq Nerik Xerri, Ħal Kirkop,  filed a claim on the 22nd March, 2019, whereby he asked the Tribunal to condemn Dominic Butler for and on behalf of Deco Finishes of Flat No. 2, Christef, Triq il-Maskli, San Pawl il-Baħar,  to pay the plaintiff the sum of  €1500 which amount is due to the plaintiff.

The case (CCT Number 32/19) is put off on the 2nd December, 2019, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

DKR 158/2012 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 6th November, 2019, given by the Criminal Court – (Madame Justice Dr Consuelo Scerri Herrera LLD) following an application filed by Clayton Azzopardi on the 12th September, 2019, Compilation Number 464/2012, in the case in the names:

The Police

(Asst Commissioner Dennis Theuma)

Versus:

Clayton Azzopardi, 36 years, son of Joseph and Mary nee Spiteri, born in Tal-Pietà, Malta on the 27th February, 1983, residing at number 103, Triq it-Tempji Neolitiċi, Ħal Tarxien and holder of a Maltese Identity Card bearing number 161983M;

And

… Omissis …

The Court authorised the accused Clayton Azzopardi to appear and sign the final contract of sale of a portion from the property consisting of a house with number 75, Triq l-Isqajjaq, Ħal Tarxien. The proceeds from this sale shall be deposited by the Notary who is going to appear for this contract into a bank account belonging to the accused which amount shall remain affected by the freezing order.

Moreover the Court ordered that the same notary shall do a sworn declaration in which he declares that he did all that was requested and indicates in which bank account he deposited the monies proceeding from this sale.

This publication is being made following another publication published in the Government Gazette of the 7th August, 2018, after a decree given by the same Court on the 2nd January, 2018, and following a freezing order published in the Government Gazette of the 18th May, 2012, after a decree dated 10th May, 2012, given by the Court of Magistrates as a Court of Criminal Inquiry (Magistrate Dr Miriam Hayman LLD) where the Court ordered the attachment in the hands of third parties in general of all monies and other movable property due or pertaining or belonging to Clayton Azzopardi and Carmel Debono and prohibited them from transferring or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta and section 23A of the Criminal Code, Chapter 9 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

By means of a decree given by the Civil Court (Family Section) on the 11th October, 2019, in the records of the Sworn Application in the names Formosa Godfrey vs Formosa Grech Dorienne, Application Number 126/19 JPG, the following publication was ordered for the purpose of service of the respondent Dorienne Formosa Grech, 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 Godfrey Formosa (ID 102979M) vs Dorienne Formosa Grech (ID 207779M) on the 23rd May, 2019, the applicant Godfrey Formosa (ID 102979M) asked this Honourable Court:

1. To pronounce the personal separation between the parties due to the torts mentioned in the application imputable solely to the defendant and uphold the other demands in the application.

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

The Sworn Application in the names Formosa Godfrey vs Formosa Grech Dorienne, Application Number 126/19 JPG, has been deferred for hearing to Thursday, 12th December, 2019, at 11.45 a.m.

Applicant: 27, Santa Tereża, Misraħ GF Abela, Marsa

Defendant: 2, Vimar, Triq l-Mdina, Alley 1, Naxxar

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 26th June, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Vodafone Malta Limited (C 10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000 filed a Claim on the 24th June, 2019, whereby they asked the Tribunal to condemn James Alexander Stanton (ID 68703A) of Pender Gardens, Blk 15, Fl. 12, Triq Sant’Andrija, San Ġiljan, to pay the plaintiff company the sum of €1,251.42 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 146/2019KCX) is deferred on the 26th November, 2019, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court First Hall (Constitutional Jurisdiction) on the 2nd September, 2019, in the records of the Constitutional Application in the names Vassallo John Edward et vs Spiteri Maria et, Application Number 126/2019 JZM, the following publication was ordered for the purpose of the defendant Maria Spiteri, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the First Hall Civil Court (Constitutional Jurisdiction) in the names John Edward Vassallo (ID 390646M) and Maria Fatima Vassallo (ID 285150M) vs Maria Spiteri (ID 0747957M), Attorney General (The Palace, Valletta) on the 24th July, 2019, the applicant John Vassallo (ID 390646M) et respectfully pleaded:

1. That the applicant Maria Fatima Vassallo is the owner of the premises 21, Pol-Y-Mel, Fl. 2, Triq Alessandru, Birżebbuġa, which has been leased to the respondent Maria Spiteri, previously Spiteri Tomasevic, for these last twenty-six years from the 14th May, 1993, towards the rent of €140.00 monthly.

2. That the premises in question was decontrolled on the 30th November, 1989.

… omissis …

6. That the rent which the respondent Spiteri is paying amounts to €1,680.00 yearly when the rental value of the premises on the market is much greater than that established by the provisions of Cap. 69 of the Laws of Malta which were slightly amended by Act X of 2009.

7. That by the provisions of Act XXIII of 1979, the patrimonial rights of the plaintiffs were radically controlled since the property in question, despite that the term of the lease expressly agreed could never be taken back from the respondent Spiteri.

… omissis …

12. That in the circumstances the applicants were deprived from the enjoyment of their property without being given a suitable compensation for the taking of possession of the same premises.

… omissis …

15. That the cardinal principle that should be followed is that the individual should not be subjected to legislation which he could not foresee to bring about a burden and exaggerated loss even as regards the compensation he has to recieve for the effective taking of his property as happened in this case.

… omissis …

21. That the applicants feel that in their regard there was violated Article 37 of the Constitution of Malta, as well as the First Article of the First Protocol of the European Convention and consequently there should be paid compensation in terms of Article 41 of the European Convention.

22. That they are to recieve both the pecuniary as well as non-pecuniary damages in a satisfactory amount for their loss as has been decided in various causes by the European Court of Fundamental Human Rights.

… omissis …

Thus the applicants humbly ask this Honourable Court saving any necessary and opportune declaration and for the reasons premised the respondents are to state why it should not:

1. Declare and decide that as regards the applicant the operations of Article 5 of Cap. 158 of the Laws of Malta as amended by Act XXIII of 1979 and by the operation of current laws are giving the right of reletting to the respondent Spiteri of the premises 21, Pol-Y-Mel, Fl. 2, Triq Alessandru, Birżebbuġa, and render it impossible that the applicants take back possession of their property.

2. Consequently declare and decide that there are being violated the applicant’s rights to the enjoyment of their property, 21, Pol-Y-Mel, Triq Alessandru, Birżebbuġa, in violation of Article 37 of the Constitution of Malta and the First Article of the First Protocol of the European Convention (the First Schedule of Cap. 319 of the Laws of Malta) and thus grant them the suitable remedies in the situation.

3. Declare and decide that the respondent Attorney General is responsible for compensation and damages suffered by the applicant as a consequence of the operation of Act XXIII of 1979 , which did not create a just balance between the rights of the owners and those of the lessee since they do not reflect the market nor the rental value of the property in question in terms of law.

4. Liquidate the same compensation and pecuniary and non-pecuniary damages as suffered by the applicant in terms of law.

5. Condemn the respondent Attorney General to pay the same compensation and damages as liquidated in terms of Law.

With costs as demanded and the respondents are summoned so that a reference to their evidence is made.

The Application in the names Vassallo John Edward et vs Spiteri Maria et, Application Number 126/2019 JZM, has been deferred for hearing to the 21st January, 2020, at 9.00 a.m.

Defendant: Maria Spiteri, 21, Pol-Y-Mer, Flat 2, Triq Alessandru, Birżebbuġa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

DKR 39/2008 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 8th November, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Neville Camilleri  LLD) after an application filed by Bank of Valletta plc on the 19th August, 2009, and following another application filed on the 22nd August, 2018, Compilation Number 174/2008, in the case:

The Police

(Inspector Keith Arnaud)

Versus

Robert Zahra, 43 years, son of Mariano and Mary Grace nee Formosa, born in Tal-Pietà, Malta on the 24th June, 1976, residing at number 15, Margrace, Triq Angelo Borg, Ħal Qormi, Malta and holder of Maltese Identity Card Number 371876M;

And

Nikita Mc Anally

The Court acceded to the request of Bank of Valletta plc in the sense that the insurance policy with Middle Sea Valletta Life Assurance Co. Ltd on behalf of the accused Robert Zahra will be surrendered and the same bank will receive the proceeds from this surrender to make up for the debits which the accused has with Bank of Valletta plc.

This variation is being published in terms of Chapter 101 of the Laws of Malta, following another decree given on the 10th April, 2019, by the same Court and published in the Government Gazette of the 3rd May, 2019, following another decree given on the 13th September, 2018, from the Criminal Court and published in the Government Gazette of the 13th November, 2018, following another decree given on the 29th March, 2018, by the same Court and published in the Government Gazette, following another two decrees dated 28th February, 2008, and 20th May, 2008, which were published in the Government Gazette of the 23rd May, 2008, and following a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry on the 28th February, 2008, and published in the Government Gazette of the 7th March, 2008, where the Court ordered the attachment in the hands of third parties in a general manner of all monies and other movable and immovable property which may be due to or belonging to Robert Zahra and Nikita McAnally.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

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

That by the application filed by Daniel Bugeja (ID 157771M) on the 20th May, 2019, is asking for the withdrawal of the amount of €8,464.65 by Daniel Bugeja as administrator of Condominium Kortin Park deposited by the Schedule of Deposit number 1009/2019 in the names of:

Daniel Bugeja as administrator of Condominium Kortin Park (ID 157771M) vs Raymond Sammut (ID 576458M)

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

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals