Court Notices published in Govt. Gazette no 20,428 of 26th June 2020

ARB/C036/2019 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 18th June, 2020, given by the Criminal Court (Onor. Judge Dr Aaron Bugeja, LLD). In the case:

The Police

(Inspector Kevin Pulis)

(Inspector Jonathan Cassar)

Versus

MICHAEL HEARN, 34 years, son of Gary George and Stephanie née Pace, born in Barking and Dagenham, England on the 24th June, 1985, residing at 4 St Stephen Crt, Blk F, Fl 3, Triq is-Snajja', Msida, and holder Maltese identity card bearing number 748518L and British passport bearing number 537050200.

The Court AUTHORIZED the accused MICHAEL HEARN to carry out sale of the nautical vessel as per bill of sale submitted to Court and as per conditions set in the Court decree dated 21st May, 2020. Therefore, the sale is executed in the presence of an appointed Court Officer, with the moneys deposited in the Court Registry by the Court Officer, and copies of bill of sale and receipt of funds are included in the proceedings.

This variation is being published in terms of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Monica Vella, LLD) on the 15th June, 2019, which was published in the Government Gazette on the 20th June, 2019, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to MICHAEL HEARN.

The Director, Asset Recovery Bureau

ARB/C068/2019 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 18th June, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello LLD). Compilation number 720/2019 in the case: 

The Police

(Inspector Keith Arnaud)

(Inspector Kurt Zahra)

Versus

YORGEN FENECH, director, 38 years, son of the late George and Patricia née Camilleri, born in Tal-Pietà, Malta, on the 23rd November, 1981, residing at Portomaso, 2592, Vjal Portomaso, San Ġiljan, and holder of Maltese identity card bearing number 36482M.

The Court AUTHORIZED the revocation in part of the freezing order dated 30th November, 2019, issued against YORGEN FENECH insofar that the specific shares and immovable property acquired by the mentioned individual through causa mortis shall no longer be affected by this freezing order. The details of the specific assets are as listed through application submitted to Court dated 19th February, 2020, through paragraph numbered 41 and as per Court decree dated 18th June, 2020.  

This variation is being published in terms of Article 5 (3) of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Audrey Demicoli, LLD) on the 30th November, 2019, which was published in the Government Gazette on the 2nd December, 2019, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to YORGEN FENECH.

The Director, Asset Recovery Bureau

ARB/C019/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 23rd June, 2020 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Neville Camilleri, LLD). Compilation Number 262/2020 in the case:

The Police

(Inspector Kevin Pulis)

(Inspector Lianne Bonello)

Versus

SHARLON BUGEJA, unemployed, 28 years, son of David and Silvana née Armeni, born in Tal-Pietà, Malta, on the 8th October, 1991, residing at 96, Flat 2, Triq San Ġwann, Ħal Għargħur, Malta and holder of Maltese identity card bearing number 516991M.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to SHARLON BUGEJA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to 23A (2) of the Criminal Code, Cap. 9 of the Laws of Malta, Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and Section 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta.

The Court AUTHORIZED the said accused to receive the amount authorized by law that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicates with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 23A (2), Section 22A and Section 5 referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

The Director, Asset Recovery Bureau

By means of a decree given, by the Civil Court (Family Section) on the 17th June, 2020, in the records of the Sworn Application, in the names Curmi Christopher vs Tanti Kathleen et, Application number 52/2020 AGV, the following publication was ordered for the purpose of service of the respondent Kathleen Tanti, 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 Christopher Curmi (ID 191288M) vs Kathleen Tanti (ID 405998M) on the 3rd March, 2020, the applicant Christopher Curmi (ID 191288M) respectfully pleaded and asked:

1. That from a relationship between the parties on the 29th October, 2014, the minor … omissis … was born (birth certificate Doc. A);

2. That the relationship between the parties broke down before the minor was born and the respondent without the knowledge of the applicant declared that she does not know who is the natural father of he minor, so much so that the respondent took care to proceed with the appropriate procedures in order that he be acknowledged as the father of the minor;

… omissis …

5. That on the 17th September, 2019, the applicant proceeded by asking that the process of mediation according to law be commenced whereby the respondent failed to attend;

6. That the parties were authorised to proceed with the sworn application by means of a decree given by this Honourable Court (Doc. C).

Thus the applicant humbly prays that this Honourable Court for the reasons above premised:

1. Order that the care and custody of the minor … omissis … be entrusted jointly between the parties as demanded in the application;

2. Order that the applicant has access to his son and this on those days and times and modalities that shall be established by this Honourable Court and uphold the other demands in the application amongst which that there be fixed the maintenance for the minor.

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

The Sworn Application in the names Curmi Christopher vs Tanti Kathleen, Application number 52/2020 AGV, has been deferred for hearing to Tuesday, 21st July, 2020, at 9.30 a.m.

Applicant: 36, Flat 8, Door A, Block 6, Vjal in-Naspli, San Ġwann

Respondent: 36, Triq Farsons,  Ħamrun

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 22nd June, 2020, on the application of HSBC Bank Malta plc (C 3177), Thursday, 17th September, 2020, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in Room number 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika,Valletta, of the following property:

The apartment without its airspace, internally marked numbed three (3), situated on the second floor (first floor level) of a building block without number, however, internally marked with the letter 'B' and forming part of a larger development without number, named 'Ta' Anastasja Court' in Triq is-Santwarju Puniku, Ta' Kerċem, Gozo, free and unencumbered and with all its rights and enjoyments. The block which forms part the apartment was built on a portion of land known as 'Ta' Zangura' sive 'Tal-Gholja ta' Santa Lucija sive Ta' Santa Anastasja' and bounded on East by the said street, with North West by Government property or his successors in title and to the South by property of Josephine Cefai or her successors in title or any other correct boundaries, as well as its common parts pro indiviso according to Article 6 of Cap. 398 of the Laws of Malta and is valued one hundred and forty-two thousand euro and five hundred euro (€142,500)

The said tenement is the property of Moawad Ali Moawad Abou Helal (ID 67346A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 12/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

DKR 92/2014 – Cancellation of a Freezing Order

It is being notified that by a decree dated 11th June, 2020, given by the Criminal Court of Appeal  (Madame Justice Dr Consuelo Scerri Herrera, LLD) following an application filed by Sergio Agius on the 30th April, 2020, Compilation number 219/2014, in the case in the names:

The Police

(Inspector Rennie Stivala)

Versus

Sergio Agius, 42 years, son of Philip and Mary Grace née Gatt, born in Ħ'Attard, Malta, on the 10th April, 1978, residing at number 356, 'Atlantis', Triq il-Vitorja, Ħal Qormi, Malta, and holder of Maltese identity card bearing number 232478M.

The Court Ordered the Cancellation of the freezing order of all the assets of the said Sergio Agius which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Doreen Clarke, LLD) by a decree dated 28th February, 2014, and published in the Government Gazzette of the 7th March, 2014.

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 Tribunals (Malta)

By decree given by the Civil Court, First Hall, on the 18th June, 2020, on the application of J. Zammit Limited (C 37945), Wednesday, 23rd September, 2020, at ten in the morning (10.00 a.m.) has been fixed for the Sale by Auction, to be held in Carsun Limited Showroom, 'Aries House', Basement Level -1, Mdina Road, Ħaż-Żebbuġ, of the vehicle seized from the property of Danny David Doneo (ID 119886M).

Vehicle of the make BMW X1 black in colour with the registration number IBV 681.

N.B. The said vehicle will be sold as described in the acts of judicial sale number 6/2020.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By means of a decree given by the First Hall, by this Court (GM) on the 12th March, 2020, in the records of the Sworn Application in the names Abdilla Michaelangelo et vs Mckay Jessica et, Application number 94/2020 GM, the following publication was ordered for the purpose of service of the defendant George Cutajar (ID 174140M) in terms of article 18793) et sequitur of Cap. 12.

By means of an Application, filed,in the Civil Court First Hall, in the names Michaelangelo Abdilla (ID 50647M), Godwin Abdilla (ID 269072M), Victor Abdilla (561480M) and Christian Abdilla (ID 397783M) vs Jessica Mckay (ID 486589M) and George Cutajar (ID 174140M) on the 31st January 2020, the applicant Michaelangelo Abdilla (ID 50647M) et asked for the reasons premised in the application this Honourable Court,

1. To declare and decide that the plaintiffs are the absolute owners of the perpetual utile dominium of the premises numbers seventeen (17) and eighteen (18) in Triq il-Bali Guarena, known also as Triq Bali Guarena, Qrendi, including the garden annexed to it, subject together to the annual and perpetual groundrent of (€419.28) otherwise free and unencumbered, declare and decide that the deed of causa mortis of the 22nd April 2016, in the records of Notary Doctor Antoine Agius is null and not valid in so far it was declared that the property number 18, Triq il-Bali Guarena known also as Triq Bali Guarena, Qrendi, since the perpetual utile dominium of this property belonged exclusively to the plaintiffs and uphold the other demands in the application amongst which to annul and rescind the acts of declaration causa mortis and the contracts of sale indicated in the application.

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

The Sworn Application in the names Abdilla Michaelangelo et vs Mckay Jessica et, Application Number 94/2020 GM, has been deferred for hearing to the 9th July, 2020, at 11.30 a.m.

Notify: George Cutajar (ID 174140M) 45, Triq il-Bali Guarena, Qrendi

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal, on the 3rd January, 2020, in the records of the Application in the names Frank Seguna et vs Silvio Naudi, Application number 483/13, the following publication was ordered for the purpose of service of the respondent Frank Seguna et, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Court of Appeal, Application Number 483/13, in the names Frank Seguna (ID 313877M) and Joseph Seguna (ID 185650M) vs Silvio Naudi (ID 382855M) and by decree of the 20th June, 2016, Jason Cassar was called into the cause, on the 17th June, 2019, the applicant Silvio Naudi respectfully pleaded,

That the Court saw the Sworn Application of the plaintiffs Frank and Joseph Seguna, presented, on the 23rd May, 2013, in virtue of which they asked the Court:

1. To condemn and declare the defendant as a debtor of the applicants or either of them following the loan made by the applicant Frank Seguna to the respondent by means of a private writing of the 28th November, 2001,

2.Liquidate the amount due to the applicants,

3. Order the respondent to pay the sum so liquidated to the applicants or either of them.

With costs and legal interest

The Court saw the sworn application of the defendant Silvio Naudi of the 6th January, 2014, in virtue of which he pleaded the following;

… omissis …

Saw the sworn application of the person called into the cause Jason Cassar of the 8th March, 2017, in virtue of which he pleaded;

… omissis …

That according to a judgement decided on the 30th May, 2019, the Honourable Court of First Instance decided by stating this,

For these motives the Court is deciding this cause by,

1. Rejecting all the pleas of the defendant Silvio Naudi;

2. Uphold the first plea of the person called into the cause Jason Cassar that he is not the right defendant and thus free him from the observance of the judgement;

3. Uphold the plaintiff's demands and declare the defendant Silvio Naudi debtor of the plaintiff Frank Seguna in the sum of (€2,610) balance of capital given on loan besides interest at 8% a skaletta on the capital originally given on loan till May 2019, amounts to twenty two thousand nine hundred ninety seven euro (€ 22,997).

With costs, against the defendant Silvio Naudi except for those of the plaintiff Joseph Seguna which are to be borne by him.

That the interpellant felt aggrieved by this decision and is filing this humble Appeal,

That the Appeal consists in the following,

1. That in the first place the interpellant refers to the evidence of Frank Seguna which is full of untruth because one notes from the start that high interest was imposed.

… omissis …

It should result that according to the evidence of Silvio Naudi the amount which was granted on loan was only the amount of (€23,310.02) and thus declared that they paid everything including the interest.

The Honourable First Court heard the evidence and noted everything and started to feel that there was a case of usury and as a fact ordered that Jason Cassar be called into the cause and following the evidence of Silvio Naudi it resulted that the capital had increased and the interest continued to run.

Thus the interpellant whilst referring to that brought forward as well as the proof produced in the records and whilst reserving to produce other evidence and make further submissions according to the case respectfully prays this Honourable Court to cancel and revoke the judgement of the Honourable First Court of the of the 30th May, 2019, in the names premised and uphold the pleas of the respondent and of the application of Appeal, with costs of both instances against the plaintiffs and the person called into the cause and reject their demands.

Appellant: 44, Marcus Crt, Flt 2, Triq San Luqa, San Pawl il-Baħar

Respondent: Sunrise Flt 4, Triq Santa Marija, Mġarr (2 services)

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 18th June, 2020, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

Whereas by a decree dated the 18th June, 2020, in the records of the schedule of deposit and contextual redemption of ground-rent number 101/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by, Joseph Curmi, pensioner, born at Munxar, Gozo, holder of identity card number 65534G; Carmelo Curmi, pensioner, holder of identity card number 43839G; Paul Curmi, pensioner, holder of identity card number 43739G; Mary Rose Vella, pensioner, holder of identity card number 12348G; children of the late Salvatore Curmi and of the late Michelangela née Spiteri and Joseph Cini, police constable, holder of identity card number 14774G; versus a Deputy Curator in order to represent unknown persons entitled to receive the ground-rent mentioned below filed on the 16th June, 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. The applicants respectfully submits:

That the applicants together are owners of a building consisting of a house at Triq tal-Għajn, Fontana, Gozo, marked with numbers two hundred and forty-two, two hundred and forty-three, and two hundred and forty-four (242, 243 and 244). This property is subject to four cents of the Maltese lira (LM 0.04) annual and perpetual ground-rent. This property is better shown in red on the attached plan and site-plan marked Doc. A;

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

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

That this property was originally acquired by Dun Albert Curmi and his sister Margherita Curmi from their father Salvatore Curmi by virtue of a deed in the acts of Notary Doctor Michael Refalo of the twenty-second (22nd) October, of the year one thousand, nine hundred and eighty-one (1981) a copy of which is being herewith attached a marked as Doc. B;

That the ground-rent as explained above is of four cents of the Maltese lira (LM 0.04) equivalent to ten Euro cents (€0.10);

That the applicants wish to benefit from the dispositions of Law and by virtue of Article 1501 of Chap. XVI of Laws of Malta, redeems the ground-rent in its entirety which capitalised at the rate of five percent (5%) amounts to two euro (€2.00);

Therefore, the applicants in order to exonerate themselves from any responsibility, are called upon this Honourable Court and under its authority deposit the sum of two euro (€2.00) in redemption of ground-rent as explained above, which amount may be freely withdrawn by the respondent/s after due receipt according to Law is tendered.

You, the executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six (6) days, and by means of a minute to submit a declaration that they would like to so act.

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

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Monica Vella, LLD, M. Jur., a Magistrate of the said Court.

Superior Jurisdiction, General Section

Diane Farrugia

For the Registrar, Gozo Courts and Tribunals

By means of a decree given, by this Court, on the 16th June, 2020, following a request of Dr Adrian Camilleri noe, it was ordered that deputy curators be chosen to represent the absent Rongxiu Kuang, in the records of the General Application 147/20 JPG, in the names 'Dr Adrian Camilleri noe vs Deputy Curators' and in the other relative and subsequent acts.

By means of a General Application, filed, in the Civil Court (Family Section) above mentioned, Application of Dr Adrian Camilleri (ID 350380M) as special mandatary of Wei Jiang (passport of China number E05433440) vs Deputy Curators to represent the interest of the absent Rongxiu Kuang, on the 5th June, 2020, the applicant Dr Adrian Camilleri (ID 350380M) as special mandatary of Wei Jiang (passport of China number E05433440) respectfully pleaded:

That the applicant is a man who holds the nationality of China (Vide passport annexed Doc. A);

That the applicant had an extra-marital relationship with the respondent Rongxiu Kuang who also holds the nationality of China;

That they had a boy together with the name … omissis … who holds the nationality of China holding a passport of China EB5681349;

That the applicant obtained a decree from The People's Court of Furong District, Changsha Hunan Province, in China, on the 16th October, 2019, whereby the Court ordered that the applicant is to be entrusted exclusively with the care and custody of the minor boy;

That the applicant does not have contact with the respondent and the only address that the applicant has of the respondent is that indicated in the birth certificate of the minor;

That thus due to that above brought forward the applicant prays this Honourable Court:

1. To treat this application by urgency,

2.To authorise the same applicant so that alone he applies for the issuing of a passport of Malta in favour of the minor … omissis … and do any other necessary and ancillary act so that the minor obtain such passport and this without the consent of the mother and uphold the other demands in this application.

Applicant: c/o Dr Adrian Camilleri, 57, Triq Sant Andrija, Ħal Lija

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, this Court will proceed to the selection of Curators of Office.

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

Given by the Civil Court (Family Section) above mentioned with the witness of the Hon. Mr Justice Lawrence Mintoff, LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Abdulrahman Alageel filed an application under oath (No. 452/20/JVC) demanding the Correction of the Act of Public Registry No. 3809/2017 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,

Karen Falzon

For Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Hussah Ageel filed an application under oath (No. 451/20/JVC) demanding the Correction of the Act of Public Registry No. 2660/2017 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,

Karen Falzon

For Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Abdulaziz Alageel filed an application under oath (No 448/20/JVC) demanding the Correction of the Act of Public Registry No. 2705/2017 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,

Karen Falzon

For Registrar, Civil Courts and Tribunals