Court Notices published in Govt. Gazette no 20,438 of 10 July 2020

ARB/C020/2020 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 7th July, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Neville Camilleri LLD) Compilation number 293/2020 in the case:

The Police 

(Inspector Mark Anthony Mercieca)

Versus

JESSICA MEDINA, unemployed, 23 years, daughter of Alfred Medina and Rose Mary Ann Roach, born in Tal-Pietà, Malta, on the 16th July, 1996, residing at Ruby, Flat 1, Triq tal-Labour, Ħaż-Żabbar, Malta, and holder of Maltese identity card bearing number 302296M. 

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 JESSICA MEDINA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and Section 23A of the Criminal Code, Cap. 9 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, provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken or the accused themselves may indicate to the Court from which account they are perceiving the moneys indicated.

Any person who acts in contravention of the court order mentioned in Section 22A and Section 23A 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 a decree given on 22nd June, 2020, 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(3) of the Code of Organization and Civil Procedure (Cap. 12).

By the application filed in the Civil Court First Hall on the 25th February, 2020, by Geraldine Camilleri (ID 289980M), in the acts of the Judicial Sale number 11/19 in the names Leanne Galea vs Alfred Camilleri (ID 81876M) and his wife Geraldine Camilleri (ID 289980M) is being asked the suspension of the sale by auction:

That at the same time with this application the applicant filed a lawsuit against Leanne Galea and Alfred Camilleri in which it is explained more in detail the various reasons why the public contract of constitution of debt which led the judicial sale by auction is null,

That the facts which gave the claims of the applicant in that case are as following: 

i. That at first there was no negotiable and/or contracted any kind of obligation of any kind between Leanne Galea as a creditor and Geraldine Camilleri and Alfred Camilleri as debtors but the money loan that apparently refers the act was contracted between Doreen Gatt and Antoine Camilleri, the latter being the defendant brother Alfred Camilleri and thus the apparent obligation is between contenders and constituted by the deed of constitution of debt is absolutely false; 

ii. That secondly and without prejudice of that premised, the obligation in question is based entirely on an illegally application consisting on usurious loan which loan most probably was to finance activities and/or in connection with illegally and illicit activities in which totally the applicant was in no way involved to;

iii. That thirdly and without prejudice of that premised, the consent of Geraldine Camilleri to sign that public deed was totally vitiated by being forced to sign the same with violence exercised by the said Doreen Gatt, which violence propagation a fear that she and her children be in grave and serious danger, and that fear still persists to this day;

iv. That in any case and without prejudice of that premised, there is no legal relationship between the Geraldine Camilleri and the Leanne Galea as she admitted by herself recently;

4. That as far as to the intervene of the company Bank of Valletta plc in this judicial sale by auction is said that, addition to the premised and without prejudice, that the said company does not yet have no executive title which can be executed and thus the applicant cannot understand how it was allowed to intervene;

5. That in any case, and without prejudice of that premise, it is humbly asked that justice requires that in the light of the pending against the executed Leanne Galea, and in which this Honourable Court is being asked, inter alia, to revoke this procedure, this judicial sale by auction should be suspended because otherwise the applicant will be irreparable prejudiced in the event of the judicial sale by auction being allowed to continue;

6. That finally the applicant points out that she had deposited the sum of money requested by the Registrar of Civil Courts and Tribunals, in accordance by law all the expenses for the suspension.

Therefore the applicant respectfully request this Honourable Court for all the reasons premised and indicated in the attached sworn application, to order the suspension of this sale by auction and this until the case is finally adjudicated in the names ‘Geraldine Camilleri vs Leanne Galea et’ and any other provisions that this Honourable Courts deems appropriate and opportune.

Legal costs against Leanne Galea

The Court ordered the notification to the counter party with four days to file a reply.

MARVIC FARRUGIA

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 Zammit Joseph (ID 399654M) et, Thursday, 24th September, 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, Nearby the Courts Arcives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The half undivided share of a grave at the Addolorata Cemetery, Paola numbered fifteen (15) in the West Division, Section ‘G’, Compartment ‘E’. The grave is divided in two (2) sections (top and bottom) divided by drawing slabs. The area of the grave is approximately two point five seven two (2.572) square metres and valued at four thousand Euro (€4,000).

The half undivided share of a cart room in Triq Saint Henry, Tas-Sliema, converted to a garage numbered twenty seven  (27) free and unencumbered from anything else, with all its rights and appurtenances, with temporary utile dominium for the remaining period of one hundred and fifty (150) years, commencing from the second (2nd) September, one thousand, eight hundred and ninety one (1891), valued at twelve thousand and five hundred euro (€12,500).

The said tenements are the property of vacant inheritance of Carmelo sive Charles Zammit (ID 555031M) and by decree dated 4th May, 2016, Dr Noel Bartolo and Legal Procurator Madeline Firman have been appointed as deputy curators for the deceased.

N.B. The said tenement will be sold as described in the acts of judicial sales number 13/2016.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 25th June, 2020, of the Rent Regulation Board, in the records of the Application in the names Stephen Grech vs Mario Falzon, Application number 16/20CG, the following publication was ordered for the purpose of effecting service on the respondent Mario Falzon 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 Stephen Grech (ID 139461M) vs Mario Falzon (ID 128160M) filed before the Rent Regulation Board on the 31st January, 2020, the applicant Stephen Grech (ID 139461M) submitted with respect and confirmed on oath:

That the applicant is the owner of the garage number 23, St Joseph Drive, Triq Geronimo Abos, Iklin, which garage was leased to the respondent and his father before;

That the said premises was not rented for residential and commercial reasons;

The said garage does not form part of any leased house to the respondent as his ordinary residence;

Consequently the respondent does not enjoy any right of renewal according to law;

The respondent was given a termination notice by means of a judicial letter dated 15th July, 2019;

This notwithstanding, the respondent is still till today illegally and abusively occupying the said garage, as he has been doing so from the 1st June, 2010;

In addition, the act of the respondent is causing damages to the applicant amongst the loss of rent deriving from the said premises for all the time that the respondent is occupying the premises illegally.

That there exists all the elements according to the provisions of article 16A of the Reletting of Urban Property (Regulation) Ordinance (Cap. 69) so that the requests of the applicant both for the eviction and also for the payment of above mentioned due by the respondent, will be decided without proceeding to trial because as far as the applicant knows the respondent does not have any defences against the requests of the applicant.

Therefore, subject to any declaration that this Board deems fit, the applicant requests with respect for the reasons premised so that this Board:

i. Decides the request of the applicant in terms of Article 16A of the Reletting of Urban Property (Regulation) Ordinance so that it will be decided without proceeding to trial.

ii. Orders the respondent so that within a short and peremptory time fixed by this Board evicts from the garage number 23 St Joseph Drive, Triq Geronimo Abos, Iklin, and return all the keys to the applicant;

iii. Condems the respondent to pay the applicant the damages for compensation for illegally occupying the premises in terms of law at the rate of €100 a month or any other amount that this Board determines with effect from the 15th July, 2019, till the date of returning back the premises.

With costs and legal interests against the respondent that is from now summoned so that a reference to his oath be made.

Plaintiff: Stephen Grech, 28, Triq Birbal, Ħal Balzan.

Respondent: Mario Falzon, 18 Triq il-Karmnu, Tas-Sliema

The application in the names Stephen Grech vs Mario Falzon, Application number 16/2020CG, has been postponed for hearing to the 15th July, 2020, at 10.45 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Nasser Alagil filed an application under oath (No. 539/20/JVC) demanding the Correction of the Act of Public Registry No. 2704/2017 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

By means of a decree given by the First Hall Civil Court , by this Court (MH) on the 17th June 2020, in the records of the Sworn Application in the names Director General of the Department of Health Services vs Aquilina Dr Neville, Application Number 90/2020 MH, the following publication was ordered for the purpose of the respondent Dr Neville Aquilina, 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 Director General Department of Health Services vs Dr Neville Aquilina (ID 138275M) on the 30th January, 2020, the applicant Director General Department of Health Services, asked this Honourable Court,

1. To declare that Dr Neville Aquilina failed to honour the obligations assumed by him in a contract published in the records of Notary Dr Audrey Spiteri, on the twentieth (20) of August, 2013, and uphold the other demands in the application amongst which that the amount due of two hundred and seven thousand seven hundred ninety nine euro and two cents (€207,799.02) be returned to the plaintiff, with costs as demanded, the defendant is summoned so that a reference to his evidence be made.

The Sworn Application in the names Director General of the Department of Health Services vs Aquilina Dr Neville, Application Number 90/2020 MH, has been deferred for hearing to the 14th October, 2020, at 9.00 a.m.

Notify: Dr Neville Aquilina, 78, Windsor Terrace, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals