Court Notices published in Govt. Gazette no 20,432 of 3rd July 2020

By means of a decree given, by the Civil Court (Family Section)on the 17th June, 2020, in the records of the Application in the names Sammut Christine vs Brincat Amadeo, Application number 156/20/2 JPG, the following publication was ordered for the purpose of service of the respondent Amadeo Brincat, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court (Family Section) in the names Christine Sammut (ID 328590M) vs Amadeo Brincat (ID 2980591M) on the 4th February 2020, the applicant Christine Sammut (ID 328590M) respectfully pleaded and asked this Honourable Court:

That together with the application de quo there was presented an application for the opening of procedures of Mediation;

That from an intimate relationship between the parties there were born the minors … omissis … and … omissis …, both minors, that their father never provided any maintenance notwithstanding that on their birth he had assumed the obligations towards his minor children;

That Amadeo Brincat is not a trustworthy person and you cannot rely on him so much that is is very difficult for the interpellant to obtain signatures and/or authorisation from him when it is necessary;

That the respondent did not provide any amount in maintenance in favour of the minors nor did he contribute for other expenses.

Thus the interpellant respectfully prays this Honourable Court:

1. To order that the care and custody of the minors siblings … omissis … mentioned be entrusted to the interpellant for the reasons mentioned in the application;

2. Fix the adequate maintenance for the minor;

and uphold the other demands in the application amongst which the payment of other expenses indicated in the same application.

Saving any other provision that this Honourable Court deems fit and opportune.

The Application in the names Sammut Christine vs Brincat Amadeo, Application number 156/2020/2 JPG, has been deferred for hearing to Friday 10th July, 2020, at 12.15 p.m.

Notify respondent: 4, Blk 3, Triq iż-Żewġ Mini, Isla

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, by this Court (GM) on the 16th June, 2020, in the records of the Sworn Application in the names Cassar Delia Tabib Joseph et vs Mifsud Farrugia Dr Geoffrey Paul, Application number 124/2020 GM, the following publication was ordered for the purpose of service of the respondent Dr Geoffrey Paul Mifsud Farrugia, 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 it-Tabib Joseph Cassar Delia (ID 193144M) and his wife Dorothy Cassar Delia (ID 651246M) vs Dr Geoffrey Paul Mifsud Farrugia (ID 220069M) on the 12th February 2020, the applicant Tabib Joseph Cassar Delia and his wife Dorothy Cassar Delia, for the reasons premised asked the defendant to state why this Honourable Court should not,

1. Declare that the defendant in his capacity of mandatary of the plaintiffs failed seriously from his duties of mandatary and this including but not limitedly to the lack of execution of the mandate given to him as indicated in the application and uphold the other demands amongst which the liquidation and payment of damages.

With costs and legal interest as demanded against the defendant summoned so that a reference to his evidence be made.

The Sworn Application in n the names Cassar Delia Tabib Joseph et vs Mifsud Farrugia Dr Geoffrey Paul, Application Number 124/2020 GM, has been deferred for hearing to the 29th September, 2020, at 12.00 p.m.

Notify: Dr Geoffrey Paul Mifsud Farrugia, Oasis Apts, No. 5, Triq Salvu Buhagiar, Marsaskala

Adv. Frank Portelli, LLD

For the Reġistrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th June, 2020, Application number 594/2020, by Josephine Spiteri et whereby she requested that it will be declared open in favour of Josephine Spiteri, Anthony Giordano, Mary Doris Piscopo, Saviour Giordano, Laurence Giordano, Raymond Giordano and Stephen Giordano in the quota of one seventh (1/7) undivided share each one of them the Succession of their father Francesco Saverio Giordano, widower of Carmela Giordano née Cesare, son of the late Stefano Giordan and Concetta née Abela, born in Cospicua, Malta, residing in Cospicua, Malta, and died in Tal-Qroqq, Msida, Malta, on the 7th October, 2019, aged 95, and who held identity card number 0522524M.

Wherefore any person who believes 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 and notices according to law.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of a decree given, by the Civil Court (Family Section) on the 23rd June 2020, in the records of the Application in the names Cassar Dorian vs Gilson Tiziana, Application number 63/2020 AGV, the following publication was ordered for the purpose of service of the respondent Tiziana Gilson, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed,in the Civil Court (Family Section) in the names Dorian Cassar (ID 153481M) vs Tiziana Gilson (ID 64282M) on the 17th February, 2020, the applicant Dorian Cassar (ID 153481M) humbly asked this Honourable Court,

1. To pronounce the dissolution of marriage in terms of Article 66B of Cap. 16 of the Laws of Malta and uphold the other demands in the application,

and thus under any provision it deems fit and opportune.

The Application in the names Cassar Dorian vs Gilson Tiziana, Application number 63/2020 AGV, has been deferred for hearing to the 22nd July, 2020, at 9.00 a.m.

Notify Respondent: Tresor, Triq Lorry Sant, Fgura

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 the 1st July, 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 1st July, 2020, in the records of the schedule of deposit and redemption of ground rent number 111/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Michaelangelo sive Gino Mizzi, pensioner, holder of identity card number 19152G as power of attorney of Francis sive Frank Borg, pensioner, Australian Passport N9983879 and holder of identity card number 39453G versus deputy curator in order to represent the unknown persons owners of the directum dominium indicated below, filed on the 24th June, 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. They respectfully premised:

That by virtue of a contract in the deeds of Notary Ġiużeppi Cauchi of the 15th October, 1968, Francis Borg's parents Karlu and Vincenza Borg acquired a portion of land known as 'Ta' Berrini' in the road of the same name limits of Ta' Kerċem, of the superficial area of one siegħ, equivalent to 187sq.m. and bounded on the west and north with their own property, east with property of Margerita Grech as better shown on the attached plan Document A. This was subsequently assitned to Francis Borg by virtue of a deed of division in the records of Notary Joanne Cauchi of the 9th January 2009;

That property was described as being subject to three shillings and seven pence, now equivalent to €0.42c annual and perpetual groundrent;

That the applicant desires to avail himself of the faculty conferred on them by Article 1501 of the Civil Code, and redeem this ground rent which capitalized by five per cent (5%) leads to the total sum of eight euro and forty cents (€8.42c);

That, however, the applicant does not know who the owners of this directum dominium are;

Accordingly in order to absolve himself of all responsibility applicant addresses this Honorable Court and under its authority deposits:

a. the sum of eight euro and forty cents (€8.42c) redemption of groundrent described above; and

b. the sum of twelve euro and sixty cents (€12.60c) arrears of groundrent for the last thirty years;

which total sum of twenty one euros and two cents (€21.02) can be freely taken by the respondent after a receipt is issued.

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

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

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Brigitte Sultana LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the said Court.

Superior Jurisdiction, General Section

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

DKR 1/2020 – Perpetual General Interdiction

It is being notified that by judgement dated 23rd June, 2020, given by the Criminal Court of Appeal (Madame Justice Dr Consuelo Scerri Herrera, LLD), Appeal number 384/2018, in the case in the names:

The Police

(Inspector Rennie Stivala)

Versus

Peter sive Pierre Falzon, 59 years, son of Frances and Carmelina née Muscat, born in Tal-Pietà, Malta, on the 5th August, 1960, residing at Number 44, Susina, Triq Ġorġ Zammit, Ħ'Attard, Malta, and holder of Maltese identity card bearing number 535060M.

The Court Ordered the perpetual general interdiction starting from judgement date of the said Peter sive Pierre Falzon and this according to Section 190 of Cap. 9 of the Laws of Malta.

This is being published according to section 10(7) of Cap. 9 of the Laws of Malta.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals

DKR 77/2011 – Cancellation of a Freezing Order

It is being notified that by a decree dated 16th June, 2020, given by the Criminal Court (Madame Justice Dr Edwina Grima, LLD) after an application filed by Christopher Borg on the 27th May, 2020, and following the execution of judgement given by the same Court on the 2nd June, 2016, Bill of Indictment number 02/2016, in the case in the names:

The Republic of Malta

Versus

Chris (Christopher) Borg, 53 years, son of Thomas and Helga née Budich, born in Tas-Sliema, Malta, on the 8th December, 1966, residing at number 112, The Cube, Triq Luqa Briffa, Gżira, Malta, and holder of Maltese identity card bearing number 9867M.

The Court Ordered the Cancellation of the freezing order of all the assets of the said Chris (Christopher) Borg, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Miriam Hayman, LLD) by a decree dated 23rd July, 2010, and published in the Government Gazzette of the 15th July, 2011.

This notice is being published according to section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.

Marvic Psaila

Deputy Registrar, Criminal Courts and Tribunals (Malta)

By means of a decree of the 16th June, 2020, of the Rent Regulation Board, in the records of the Application in the names Auditor Emanuel sive Stephen Fenech et noe vs Robert Muscat, Application number 237/2019JD, the following publication was ordered for the purpose of effecting service on the respondent Robert Muscat in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Auditor Emanuel sive Stephen Fenech (ID 989749M) and Architect Emanuel sive Mannie Galea (ID 69461M) as joint administrators of the inheritance of Helen and Maria Carmela sisters Grech nominated by means of a decree of the Civil Court (Voluntary Jurisdiction Section) amongst them those with numbers 891/2003 and 750/2013 vs Robert Muscat filed before the Rent Regulation Board on the 24th October, 2019, the applicants Auditor Emanuel sive Stephen Fenech (ID 989749M) and Architect Emanuel sive Mannie Galea (ID 69461M) as joint administrators of the inheritance of Helen and Maria Carmela sisters Grech nominated by means of a decree of the Civil Court (Voluntary Jurisdiction Section) amongst them those with numbers 891/2003 and 750/2013 submitted with respect:

The applicants nomine are the owners of the premises numbered 21 which is found in Triq San Mark, Valletta;

That by means of a private writing dated 29th November, 2000, a copy of which is attached and marked as Doc. A, the predecessor in the office of the applicants nomine rented the premises above mentioned and that is the premises numbered 21 which is found in Triq San Mark, Valletta, to the respondent Robert Muscat to be used as residence for a period of ten years;

This lease lapsed on the 31st October, 2010, and although several solicitations were made amongst them the judicial letter numbered 2317/2015 (Doc. B), the respondent Robert Muscat failed to vacate from the premises abovementioned and return the possession of the premises to the applicants nomine;

So this application had to be filed;

The applicants nomine know about these facts personally;

That the applicants nomine were duly authorised to file this application by means of a decree given by the Honourable Civil Court (Voluntary Jurisdiction Section) on the 17th January, 2019, a copy of which is here attached and marked as Doc. C;

Thus, after the necessary declarations are made and the opportune provisions given, the respondent is to state why this Board should not accept the applicant's requests and namely:

1. Declares terminated the lease of the premises numbered 21 which is found in Triq San Mark, Valletta, between the applicants nomine and the respondent Robert Muscat according to the lease agreement dated 29th November, 2000 (Doc. A) and for which the respondent Robert Muscat is occupying the same premises without any valid title at law;

2. Orders the respondent Robert Muscat to evict from the premises numbered 21 which is found in Triq San Mark, Valletta, within a short and peremptory time that this Honourable Board will fix after given the opportune provisions;

With costs including those of the judicial letter number 2317/2015 (Doc. B) and reserving any other further action by the applicants nomine against the respondent Robert Muscat who is from now summoned so that a reference to his oath be made.

Plaintiffs nomine: 1. Auditor Stephen Fenech and Architect Mannie Galea nomine, 33 Imperia, Triq l-Istazzjon, Birkirkara

Respondent: Robert Muscat, 21, Triq San Mark, Valletta VLT 1362

The application in the names Auditor Emanuel sive Stephen Fenech et noe vs Robert Muscat, Application number 237/2019JD, has been postponed for hearing to the 8th July, 2020, at 9.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the Small Claims Tribunal of 19th November, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Hydrolectric Limited (C 9039) of Triq il-Kappillan Mifsud, Ħamrun, filed a Claim on the 18th Novembru, 2019, whereby they asked the Tribunal to condemn Constat Asset Management Limited (C 79536) of 123, Triq Manoel Dimech, Tas-Sliema, to pay the plaintiff company the sum of €2765.79, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 366/19KCX) is deferred on the 7th July, 2020, at 1.00 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Court of Appeal,on the 15th June, 2020, in the records of the Application of Appeal number 21/2020, in the names Joelle Azzopardi vs Darran Agius, the following publication was ordered for the purpose of service of the respondent Darran Agius, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Court of Appeal, in the names Joelle Azzopardi vs Darran Agius, on the 6th March, 2020, the applicant Joelle Azzopardi (KI 113082M) respectfully pleaded:

That the interpellant Joelle Azzopardi, presented, an application at the Kurja of Malta, in order that there be declared null the marriage which was celebrated between her and the respomndent on the 5th October, 2014, in the Oratory of San Domenico Savio, in Birkirkara, (Doc. JA1);

That the Metropolitan Tribunal of Malta, declared the said marriage null, by means of a judgement of the 25th January, 2020, due to lack of discretion of judgement of the interpellant (Doc. JA2);

That by an executive decree given on the 19th February, 2020, the same Metropolitan Tribunal of Malta, declared, confirmed and certified the executive force of the same judgement (Doc. JA3);

That the interpellant is availing herself of the dispositions of Article 24 et sequitur of the Marriage Act (Cap. 255 of the Laws of Malta) so that the decision above mentioned be registered and recognised civilly for all intents and effects of law.

That the parties are citizens of Malta and also domiciled in Malta and there exist all the requisites so that the said decision of the Metropolitan Tribunal of Malta, be registered and recognised civily and declared executable in Malta.

Thus the applicants for the reasons premised respectfully prays this Court,

1. declare that the judgement of the 25th January 2020, in virtue of which the Metropolitan Tribunal of Malta, declared the marriage between the parties null and without effect should have effect and be recognised as if it were a judgement given by the Maltese Civil Court and which became res judicata according to Article 19 of Cap. 255 of the Laws of Malta and uphold all the other demands in the application amongst which the registration of the said judgement for all intents and purposes of Cap. 255 of the Laws of Malta, and give any other provision this Court deems fit and opportune.

Notify Respondent: Darran Agius, Swieqi Residential Complex, Block D, Maisonette 6, Triq il-Qatta, Swieqi

Notify: Director Public Registry, Valletta

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 10th June, 2020, on the application of Bank of Valletta plc (C 2833), Tuesday, 8th October, 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 Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The lock up garage unnumbered and unnamed, but internally marked number seven (7), situated in semi basement level, with entrance and accessible from a common ramp and drive-in that abuts in Triq B. Bontadini in Birkirkara, bounded by North with property of the sellers, on the West by the common drive in and on the South by property of unknown third parties, free and unencumbered, with all its rights, and appurtenances, excluding its airspace, including the community of the said ramp and drive-in. This garage forms part of a larger building complex consisting of twelve (12) garages and overlying maisonettes, situated in Triq l-Isqof Baldassare Cagliares, corner with Triq B. Bontadini, Birkirkara, bounded from North by Triq B. Bontadini, West by Triq l-Isqof Baldassare Cagliares and from the East by property of family Saint John or his successors in title, valued at twelve thousand and five hundred euro (€12,500).

The said tenement is the property of Grima Mario (ID 18965M)

N.B. The said tenement will be sold as described in the acts of judicial sales number 56/2016.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 19th June, 2020, in the records of the Sworn Application, in the names Zammit Stanley et vs Citadel insurance plc, Application number 935/2019 FDP, has ordered the following publication for the purpose of service of Bojan Pesic, person called into the cause, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, in the names Stanley (ID 297682M) and Odette (ID 196668M) spouses Zammit vs Citadel Insurance plc (C 21550) and by means of a decree given, on the 12th March, 2020, there were called into the cause Bojan Pesic and Esther Mifsud, on the 3rd October, 2019, the applicants Stanley (ID 297682M) and Odette (ID 196668M) spouses Zammit asked this Honourable Court,

1. to declare the insured of the respondent company Bojan Pesic solely responsible for the incident described in the application and all the damages which as a consequence of the same the applicants suffered, liquidate the damages if necesary by the appointment of referees and condemn the respondent company in its capacity of insuerer of the vehicle registration number ECJ 996 for the purposes of Cap. 194 of the Laws of Malta, to pay the applicants all those amounts which shall be declared as due by it by way of damages.

With costs and legal interest according to law against the respondent company summoned so that a reference to its evidence be made.

The Sworn Application in the names Zammit Stanley et vs Citadel Insurance plc, Application number 9356/2019 FDP, has been deferred for hearing to the 7th July, 2020, at 9.15 a.m.

Notify: Party called into the cause Bojan Pesic, 25, Corazon Sagrado, St Anthony Street, Ħamrun

Reġistry of the Superior Courts, today 2nd July, 2020

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 1st July, 2020, on the application of Lombard Bank Malta plc (C 1607), has been fixed for the Sale by Auction to be held on Tuesday, 6th October, 2020, at half past eleven in the morning (11.30 a.m.), in Room Number 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

a) Apartments unofficially numbered one (1), three (3) and four (4) as well as the penthouse above the same two apartments, three (3) and four (4), forming part of the block of apartments named Red Rose, officially numbered sixty-eight (68) in Triq is-Swatar, Msida, opposite the St Martin's Foundation school by the other side of the road, therefore the upper part of the road (West) is more commercial. This block of apartments is situated overlying on two other properties officially numbered seventy (70) named 'Sandalwood' and numbered sixty six (66) named 'Homer'

b) The garage numbered nineteen letter B (19B) in Triq is-Swatar, Msida, underlying the property officially numbered seventy (70) named 'Sandalwood' including half undivided share of the ramp and common space in front of the garages

c) The garage and the boxroom numbered sixty six letter A (66A) previously numbered eighteen letter B (18B) in Triq is-Swatar, Msida, overlying property officially numbered sixty six (66) and named 'Homer' including half the undivided share of the ramp and common space in front of the garages.

With properties above indicated are including all those common parts of the block, including the roof, airspace, and the sub-terrain, common staircase accessible from the street to the entrance, entrance hall, stairs, stairwell, lifts and the liftwell, as well as the communal of the drainage and water rain pipes, the ramp and common space in front of the garages and any other parts intended for common use, free and unencumbered, with all its rights and appurtenances and valued at eight hundred, fifty thousand and seventy-four euro and forty eight euro cent (€850,074.48)

The said tenement is the property of Pyramid Construction Limited (C 43595), Hamdy Madkour (ID 271205L) and Angela Madkour (ID 274063M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 25/2018.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals