Court Notices published in Govt. Gazette no 20,447 of 24 July 2020

By means of a decree given by the Civil Court (Family Section) on the 14th November, 2019, in the records of the Warrant of Prohibitory Injunction in the names Grech Ian vs Ogrezeanu Nicoleta, Warrant Number 112/2019/2 AL, the following publication was ordered for the purpose of service of the respondent Nicoleta Ogrezeanu, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the First Hall Civil Court in the names (Applicant) Ian Grech (ID 336074M) vs Nicoleta Ogrezeanu (ID 150219A) on the 3rd June, 2019, the applicant Ian Grech (ID 336074M) respectfully pleaded:

That the interpellant has an interest that the minor hereunder mentioned is not taken outside Malta.

That the respondent is a person/are persons who has/who have or may have the legal or actual custody of the said minor.

Thus the interpellant humbly asks this Honourable Court to order the issuing of a Warrant of Prohibitory Injunction against the respondent/respondents where he/they be ordered not to take or permit someone from taking the said minor outside Malta.

Details of the minor: … omissis …

That the interpellant is the father of the minor … omissis … who was born in Malta on the 10th June, 2016, as appears from the annexed certificate and she always lived in Malta.

That the mother of the minor or rather Nicoleta Ogrezeanu abandoned the minor and left her in the custody of the interpellant since she was a few weeks old till this day.

That the interpellant knows and is afraid that apart that the minor shall not be taken care of and apart that he does not wish that the minor does not remain with him he is certain that if she goes to Romania he shall lose all contact with her.

Thus it is indispensable and humbly prays that there be issued an impediment of departure on the same minor … omissis …

Confirmed before by oath after I read its contents and in the presence of as witness of identity and presented by PL P. Sammut with two Doc.

Republic of Malta

Court Warrant

To the Court Marshall

Whereas the above application was presented and there recur the necessary elements according to law for the under mentioned orders.

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court (Family Section) with the witness of the Hon. Madam Justice A. Lofaro LLD. Dip. Stud. Re. Mag. Juris (Eur. Law).

The Application Warrant of Prohibitory Injunction in the names Grech Ian vs Ogrezeanu Nicoleta, Application Numbrer 112/2019/2 AL, has been deferred for hearing to Tuesday, 28th July, 2020, at 9.15 a.m.

Applicant: Ian Grech, 44, Triq it-Torri, Msida

Respondent: Address not known in Romania

Execution:

Malta International Airport, Ħal Luqa/Gudja

Comptroller of Customs, Valletta

Commissioner of Police, Police HQ, Floriana

Passport Office, Officer in charge of the issuing of Passports, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section on the 13th March, 2020, Application number 389/2020 by Laura Galea and Marion Farrugia, whereby following the application Joseph Farrugia, married to Marion Farrugia, son of the late Innocent Farrugia and Concetta Farrugia nee Zammit, born in Mqabba on the 23rd December, 1938, and residing at Mount Carmel Hospital, Ħ'Attard, aged 81 and holding identity card number 858738M, was interdicted from all the acts of civil life by means of a decree given on the 23rd June, 2020.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a decree dated the 15th July, 2020, and this after a written plea numbered 457/2020, ordered:

The correction of the Act of Birth of Julian Ellul, bearing number 7646 of the year 2017, so that in the columns with the headings “Names Given" and “Name or Names by which the child is to be called and surname" the name “Lee" is to be inserted immediateley after the name “Julian" and before other words.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

DKR 45/2017 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 25th June, 2020, given by the Criminal Court (Mr Justice Dr Aaron Bugeja LLD) following an application filed by Raymond Scerri, Compilation number 596/2016, in the case in the names:

The Police

(Inspector Sean Scicluna)

versus

Raymond Scerri, 59 years, son of the late Carmel k/a Charles and Dolores k/a Doreen nee Cutugno, born in Floriana, Malta on the 25th August, 1960, residing at The Tides, Flat 4, Triq l-Isturjun, Qawra, St Paul's Bay, Malta, and holder of Maltese Identity Card bearing number 605960M.

The Court authorised the accused Raymond Scerri to receive from Jobsplus, Department of Finance the grant of three hundred euro (€300) in connection with the course of study he has taken, which grant is paid in a modality of €25 per week. This sum is to be part of the sum entitled to him per year which is €13,976.24.

This variation is being published in terms of Article 5 of Chapter 373 of the Money Laundering Act of the Laws of Malta and of Article 23A (2) of the Criminal Code, Chapter 9 of the Laws of Malta following a freezing order which decree was given on the 13th March, 2017, by the Court of Magistrates as a Court of Criminal Inquiry (Magistrate Dr Aaron Bugeja LLD) 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 Raymond Scerri.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals (Malta)

By decree given by the Civil Court, First Hall on the 15th June, 2020, on the application of HSBC Bank Malta plc (C 3177), Tuesday, 15th 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, near the Courts Archives, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Tenement officially numbered one hundred and thirty-eight (138) and named Whoopie in Triq San Albertu, Gżira. The tenement has its own entrance on the ground floor level and is built on two floors, habitable on the first and second floor, with its own airspace and with all its rights and appurtenances. This tenement is overlying third party property together with common drainage system and as well as windows servitudes overlooking onto the said ground floor yard. This property was acquired from the debtor Samah Mansour and Simon Galea as per contract in the acts of Notary Nathalie Pace Asciak dated fifteenth May, one thousand nine hundred and ninety-nine (15.05.1999). Samah Mansour has been assigned half the share of Simon Galea through a separation contract dated twenty-sixth October, two thousand and four (26.10.2004) in the acts of Notary Nicholas Briffa and valued at three hundred and fifty-five thousand euro (€355,000).

The said tenement is the property of Mansour Samah (ID 148406L) and Aleaddin Halbie (ID 35069A) for any interest he may have.

N.B. The said tenement will be sold as described in the acts of judicial sales number 54/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall by this Court (GM) on the 27th February, 2020, in the records of the Application in the names HSBC Bank Malta plc vs Borg Stephen, Application Number 10/2020 (GM), the following publication was ordered for the purpose of service of the respondent Stephen Borg, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application presented in the First Hall Civil Court in the names HSBC Bank Malta plc (C 3177) vs Stephen Borg (ID 348280M) on the 7th January, 2020, the applicant HSBC Bank Malta plc humbly asked this Honourable Court:

1. To declare that the defendant Stephen Borg is a debtor in regard to the plaintiff Bank in the global sum of ninety-seven thousand two hundred thirty-four euro and eighty-six cents (€97,234.86) due on two accounts as stated in the application and condemn the same defendant to pay the plaintiff Bank the said sum, besides legal interest on the same amount from the 21st December, 2019, till the date of effective payment in terms of Article 1142 of Cap. 16 of the Laws of Malta.

With costs as demanded against the defendant sumnmoned so that a reference to his evidence be made.

The Sworn Application in the names HSBC Bank Malta plc vs Borg Stephen, Application Number 10/2020 GM, has been deferred to the 28th July, 2020, at 10.00 a.m.

Interpellant: 32, Triq il-Merkanti, Valletta

Defendant: Ħal Ġinwi, Block 3, Flat 3, Triq Axtart, Marsaxlokk

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 3rd July, 2020, following an application of Ryan Mercieca (ID 539988M), Sworn application in the names Ryan Mercieca vs Director Public Registry, Application Number 17/12 AL, the following publication was ordered for the purpose of service of the defendants Joanne Mckay and Genesia Mckay, 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 Mercieca Ryan (ID 539988M) vs Director Public Registry and by decree of the 7th August, 2013, there were called into the cause Carmelina Mercieca, Reno Mercieca, Joseph Mercieca and Mary Giordmaina, Caroline Mckay, Susan Soffrett, Josephine Gallagher, Anthony Mckay, Joslin Gallagher Mckay, Marika Dalli, Stephen Mckay, Joanne Mckay and Genesia Mckay.

That after Mary Giordmaina was buried and after the legitimation of the acts following an application to this Honourable Court, by a decree of this same Court there were called into the cause Claire and Mark Giordmaina who are the children of the same Mary Giordmaina and her universal heirs, which was presented on the 18th February, 2020, the applicant Ryan Mercieca (ID 539988M) respectfully pleaded:

That the applicant wishes to make reference to the report of Doctor of Medicine Dr Mario Scerri, who was appointed by this Honourable Court to carry out the exhumation of the corpse of Antonio Mackay from a grave in the cemetery of the Addolorata on the 15th March, 2018, where in page 169 of the proceedings of this cause Dr Mario Scerri submitted his report on such exhumation of the same deceased Antonio Mackay.

That the applicant wishes also to refer to the Affidavit of the expert for DNA appointed by this Honourable Court as presided whereby the same expert for DNA Dr Marisa Cassar at page 190 of the proceedings of this cause declared the following:

1. That as an expert nominated and appointed by this Honourable Court she (Dr Marisa Cassar) gathered the oral samples of the plaintiff Ryan Mercieca and a bone from the corpse of Anthony Mackay in order that the DNA test as ordered by this Honourable Court as presided be carried out.

2. That from the tests which as court expert she carried out, it resulted that Antonio Mackay is the natural father of Ryan Mercieca. This result is declared in the report of the same expert for DNA, appointed by the same Court and that as appears from the same report appointed at page 191 and 192 of the process of this cause, the probability of paternity is 99.30% and later on there is also explained that the probability of paternity means a percentage that defines the probability of Anthony Mackay being the biological father of Ryan Mercieca.

3. That her same report is sworn by the same Court expert Dr Marisa Cassar and is found in the process.

That in the light of the fact that now the purpose why the exhumation of the corpse of Anthony Mackay was made who was buried in the cemetery of Marija Addolarata, Paola, was reached because from the test for DNA carried out on the bones of the same Antonio Mackay it resulted that Antonio sive Anthony Mackay is the biological father of the plaintiff, thus there is no purpose that this corpse continue to be held in the mortuary of the Hospital Mater Dei, which is the General Hospital of Malta, in Tal-Qroqq, in Msida, Malta.

Thus the applicant prays this Honourable Court so that by a decree issued by it, Doctor of Medicine Dr Mario Scerri be authorised in order to conduct the procedure whereby by the cooperation of the authorties for Public Health and the administration of the Addolorata Cemetery, Paola, the bones of the corpse of Antonio Mackay from the mortuary of the Hospital Mater Dei be returned to the grave in which they were before exhumation.

Civil Court (Family Section)

Hon. Madam Justice Abigail Lofaro LLD Dip. Stud. Rel. Mag. Jur (Eur. Law)

Sworn App. 17/12 AL

Ryan Mercieca

vs

Director Public Registry

The Court,

Saw the application of the 18th February, 2020.

Orders that all the interested parties be notified with five working days to file a reply.

Notify:

Joanne Mckay, 47, Triq San Duminku, Valletta

Genesia Mckay, 47, Triq San Duminku, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 16th July, 2020, in the records of the judicial letter number 1646/2020, in the names Martin Baron vs Glen Gauci et, the First Hall of the Civil Courts ordered the following publication for the purpose of effecting service on the respondent Glen Gauci in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Lil 1. Glen Gauci of 37, Flat 6, Triq Dun Nerik Cordina Perez, Ħamrun

   2. Jodie Bruno

By means of a judicial letter Martin Baron (ID 234859M) of 21, Darsagan, Triq iz-Zarzarell, Ħaż-Żabbar, in the first instance, refers to the agreement of the 15th February, 2020, by means of which you agreed to buy and acquire the apartment without its relative airspace, internally marked as number 5 which is found on the third floor level and is on the left hand side when one faces the facade of the block, underlying third party property forming part of a block of apartments with official number 108, with the name Barons Court, found in Triq l-Imriekeb, Marsaskala. Included with the apartment there is the divided share of the common parts of the block excluding the roof and this as described in the agreement above mentioned.

In the second instance this promise of sale expired on the 29th May, 2020, but the time was extended due to the Covid-19, and so he is soliciting you to come forward for the definitive publication of the deed of sale.

In default, he is going to proceed against you and this to publish the definitive deed of sale and this in terms of article 1357(2) of Cap. 16 of the Laws of Malta.

So much for your own guidance and to regulate yourselves.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 10th 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).

Pauline Pace (ID 296784M) of 63, St Rita, Triq il-Kapillan Mifsud, Ħamrun, filed a Claim on the 8th October, 2019 whereby she asked the Tribunal to condemn Fawzi Mohammed Abdelaziz Youssef (ID 23862A) of 103, Marvic, Triq it-Tuffieħ, Naxxar, to pay the plaintiff the sum of €2308.41, which amount is due to the plaintiff.

With costs and interest

The case (Claim number 295/19AM) is deferred on the 25th September, 2020, at 12.00 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 10th July, 2020, in the records of the Sworn Application in the names Borg Falzon Deborah vs Borg Carmel sive Charles, Application number 107/2020 AGV, the following publication was ordered for the purpose of service of the respondent Borg Carmel sive Charles, 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 Borg Falzon Deborah (ID 107971M) vs Borg Carmel sive Charles (ID 372070M) on the 12th March, 2020, the applicant Borg Falzon Deborah (ID 107971M) asked this Honourable Court,

1. To order the dissolution of their marriage contracted on the 27th March, 1993, and uphold the other demands in the application.

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

The Sworn Application in the names Borg Falzon Deborah vs Borg Carmel sive Charles, Application number 107/2020 AGV, has been deferred for hearing to the 27th October, 2020, at 9.00 a.m.

Applicant: 101, Debbie's Triq San Xmun, Fgura

Respondent: 64, Comport Flat, Triq il-Marlozz, Mellieħa

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals