Court Notices published in Govt. Gazette no. 20,467 of 21 August 2020

ARB/C025/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 16th August, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Josette Demicoli LLD). Compilation number 394/2020, in the case:

The Police

(Inspector Lianne Bonello)

Versus

ALDO CUTAJAR, public officer, 56 years, son of the late John and Maria Carmela née Cremona, born in Ħ'Attard, Malta, on the 28th May, 1964, residing at 345, Yintai, Triq San Pawl, Naxxar, and holder of Maltese identity card bearing number 297364M.

AND

ISABEL CUTAJAR, unemployed, 52 years, daughter of Anthony Schembri and Pauline Schembri née Pisani, born in Ħ'Attard, Malta, on the 9th July, 1968, residing at 345, Yintai, Triq San Pawl, Naxxar, and holder of Maltese identity card bearing number 287068M.

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 ALDO CUTAJAR and ISABEL CUTAJAR and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to 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, 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 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 decree given by the Civil Court, First Hall on the 13th August, 2020 on the application of Cutajar Brian (ID 227379M) noe, Monday, 9th November, 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 Archives, level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following items, as decreed on 23rd October, 2013, seized from the property of Cutajar Salvatore sive Salvu (ID 375142M).

One hundred (100) ordinary shares within the company S.C. & Company Limited C 6050

N.B. The said objects will be sold as described in the acts of the judicial sale file number 32/11.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Ahmed Alagil filed an application under oath (No. 683/20/JVC) demanding the Correction of the Act of Public Registry No. 3811/2017 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 Nasser Alagil filed an application under oath (No. 684/20/JVC) demanding the Correction of the Act of Public Registry No. 2664/2017 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 Idriss Sare Kuzeni filed an application under oath (No. 676/20/JVC) demanding the Correction of the Act of Public Registry of Latifah Kuzeni Sare Mercieca No. 4452/2011 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, in the records of the Sworn Application in the names Hackenbruch Susanne Marie vs Mamo Albert,Application Number 565/2020 JVC, the following publication was ordered for the purpose of service of the respondent Albert Mamo, 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 Susanne Marie Hackenbruch (ID 61136A) vs Albert Mamo (ID 277145M) on the 10th July, 2020, the applicant Susanne Marie Hackenbruch (ID 61136A) asked this Honourable Court, for the reasons premised,

1. To decide the present cause in terms of Article 167 to 170 of Cap. 12 of the Laws of Malta, and order that the respondent is to vacate from the premises 'Centre Crt 4, Flt 3, Triq il-Faxxina, Swieqi, within a short and peremptory period and for the reasons premised in the application.

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

The Sworn Application in the names Hackenbruch Susanne Marie vs Mamo Albert, Application number 565/2020 JVC, has been deferred for hearing to the 15th September, 2020, at 9.50 a.m.

Notify Respondent: Centre Crt, 4, Fl 3, Triq il-Faxxina, Swieqi

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the second (2nd) of July of the year two thousand twenty (2020) (Application number 50/2020BS) by Rose Buttigieg and others requested the opening of the Succession of Joseph Buttigieg, son of the late Roman Buttigieg and Antonia née Attard, born in Xagħra, Gozo, and used to reside in Nadur, Gozo, died in Victoria, Gozo, on the twenty first (21st) of February of the year two thousand and twenty (2020), intestate, which application is being done by his wife Rose Buttigieg née Portelli and his sons Jonathan Buttigieg and Jason Buttigieg as his heirs ex lege, which opening of succession of Joseph Buttigieg is to be made in favour of his wife Rose Buttigieg as to one half (1/2) undivided share and in favour of his sons Jason Buttigieg and Jonathan Buttigieg as to one forth (1/4) undivided share each.

Wherefore, any person who considers 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.

Voluntary Jurisdiction

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

By means of a deree given by the Court of Appeal, on the 28th March, 2019, in the records of the Application, in the names Gladys Fournier et vs Victor Sciriha et, Application number 74/2013/JA, the following publication was ordered for the purpose of service of the respondents Kenneth Abela and Francis Gauci, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Court of Appeal, Application 74/13 JA, in the names Gladys Sant Fournier, widow of Alfred, Stephen Sant Fournier, Simon Sant Fournier, Sean Sant Fournier, Dr Sandra Sant Fournier, Sarah Psaila Sant Fournier, wife of Mark Psaila, Silvana Sultana Sant Fournier, siblings Sant Fournier v Victor Sciriha, Gillian Sciriha, Mark Sciriha, Steven Tanveer Sciriha and by decree of the 5th May, 2013, there were called into the cause Carmelo sive Charles Grima, Gemma Brownrigg, Alesanndra Spiteri, Angelo Grima, Maryanne sive Miriam Vella, Carmelina Borg, Agostina sive Ina Cini, Angela sive Gillian Gauci Borda, Claude Grima,Simon Grima, Angelica Ellul, Maria Grima Baldacchino, Kenneth Abela and Francis Gauci, on the 30th October, 2018, the applicant Gladys Sant Fournier, widow of Alfred, identity card number 723145M, Stephen Sant Fournier, identity card number 2392659M, Simon Sant Fournier, identity card numnber 378172M, Sean Sant Fournier identity card number 315577M, Dr Sandra Sant Fournier identity card number 195380M, Sarah Psaila Sant Fournier, idenity card number 416269M wife of Mark Psaila, Silvana Sultana Sant Fournier, identity card 355767M, siblings Sant Fournier, respectfully pleaded:

1. This is an Appeal from a decision of the First Hall Civil Court, of the 12th October, 2018, in the cause above mentioned, whereby the plaintiffs premised that they together are the owners and Gladys Sant Fournier usufructuary of the portion of land in Marsakala known as Ta' Bur lying between Ittaref or between il-Ghieref sive l-Bur tal-Homier of the area of circa a tomna five sighan and two kejliet, today having more recent borders, as indicated in the application, that the land was today acquired by the predecessor of the interpellants the deceased Noble Count Alfred Sant Fournier in virtue of a deed published by Notary Doctor Vincenzo Maria Pellegrini, of the 25th November, 1967, from his father also the Count Alfred Sant Fournier, the respondent are occupying without a valid title at law and after they asked for a declaration that the land above indicated in Marsaskala is the property of the plaintiffs, that the defendants are occupying without a valid title at law and order of eviction, that the respondents pleaded that the respondents Mark and Steven siblings Sciriha, are not the right defendants, the nullity of the action that plaintiffs are to proof their title in absolute manner … omissis … the persons called into the cause pleaded that the proceedings were not complete if Victoria Grima, was not called into the cause, the prescription of ten and thirty years. It held that in civil proceedings, the Court has to decide on a balance of probabilities and thus upheld the plea of thirty years prescription;

2. That the grievance is clear and manifest and consists that the Court summarily ignored more other relevant factors which exclude both the possession which serves for prescription and thus the acquistive prescription. This the position is taken on the basis of factual results and their legal consequences;

3.That for an easier and more direct exposition the interpellants shall briefly indicate hereunder these factual results and then elaborate on them;

 … omissis …

4. That the criticism than the interpellants make against this appealed judgement is that these factors which emerged in the evidence and dealt with in their note of submissions were apparently not considered;

5. That in order to avoid repetition and useless length and with reference to the note of submissions of the interpellants start from the story;

 … omissis …

6. That the history of this land shows that the land which was leased and thus it is stated herein that this is a clear proof of title and possession by means of the owners' lessee;

 … omissis …

7. That in fact the father of the applicants was asking for the agricultural rent and the first record of a reminder is on the 4th August, 1967. That is in the worst hypothesis there had not passed the thirty years so that it may be stated that the possession was peaceful, not interrupted and unequivocal;

8. That it is fundamental that the Monsignor that was the administrator of the estate of family Grima, paid for twelve years, results from a letter dated 17th November, 1977, from Dr Philip Attard Montaldo where the latter acknowledged the payment of twelve years agricultural rent. Although it is not a direct proof of payment it is a proof relative as to why a payment of past payment is being demanded.

9. That the proof supplied by the parties called into the cause was principally the evidence of Dr Gawdenz Borg who even in his cross-examination repeated the version that 'the land was sold by word of mouth';

10. That from here there emerges the criticism of the judgement appealed. The latter relied on evidence which in the best hypothesis is one of hearsay, which admits that payment of agricultural rent was made and ignored all the facts. It believed a situation that the land 'was sold' by word (although) no proof was brought of the value of payment for such sale) and more important ignored all the relevant facts already pointed out. The judgement appealed speaks about the preponderance of proof the latter failed to mention important facts which with the balance of probabilities our system requires also the moral certainty of the adjudicator. The interpellants dissent from the judgement because they state that there was a plurality of factors which were ignored which should have reasonably brought about a different conclusion. The payment of agricultural rent by the Monsignor, the insistence as regards the payment by various persons can be very difficult to ignore in the way they were. There was not even a reasoning and motivation why they were being ignored;

11. That this brings about to a submission on two other points of prescription which are relevant. In the first place it is difficult to state and even here the judgement lacks elaboration that there was the thirty years acquisitive prescription. In the first place, thirty years had not passed from the last payment of Carmelo Grima, on the 17th March, 1938, and the interpellation of the 4th August, 1967. The second the possession was not unequivocal … omissis … in the second place it is also difficult that one argues that there was interference in the possession in the sense that the lessees started to possess this because no express opposition was made by the lessees and tacit acceptance by the owners;

12. That the three final considerations to close this submission of Appeal, the first if one shall proceed with the preponderance of proof then in the light of everything objectively and fairly it is clear that the facts which exclude the possession necessary for prescription, the second the principle submitted in the note of observations, that in order that an owner be considered to have abandoned the property and thus the possessor/holder can prescribe there has to be and there has to be proved the knowledge of possession in the technical sense, with the animus rem sibi habendi, required so that there be the possession necessary for prescription. The owner has to know and be indifferent or inactive. This was not the case. The third is that in case of doubt the Court is to be in favour of the owner and not the possessor.

Thus the interpellants whilst referring to all the records of the cause reserve to bring all the proof admissible at this stage and make all the necessary observations, respectfully pray this Honourable Court to cancel, annul and revoke the judgement of the First Hall Civil Court, decided on the 12th October, 2018, as demanded inn the application.

Services: 1. Kenneth Abela, 152, Żabbar Road, Paola

     2. Francis Gauci, 152, Żabbar Road, Paola

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By a decree given on 30th April, 2019, 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(5) of the Code of Organization and Civil Procedure (Cap. 12).

By decree given by the Civil Court, First Hall. on the 12th August, 2020, on the application of HSBC Bank Malta plc (C 3177), Thursday, 29th October, 2020, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in Room numbered 78, nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Flat numbered one (1) on the first floor of a block of two flats and underlaying garages, without number named Davpol, also with number thirty-six (36), Mensija Road, San Ġwann, together with the relative share of the common parts in common with the underlaying flat, including the roofs. This flat is subject to annual and perpetual ground rent of forty-six euro and fifty-nine cents (€46.59), payable in advance on the first day of July every year. This block is bounded on the East by the said street, on the North by property of Carmelo Debono and on the South by property of Raymond Baldacchino as described in public contract of Notary Maurice A. Gambin acts, dated 7th November, 1994, and is being valued at one hundred and fifty thousand euro (€150,000)

The said tenement is the property of Michael Balzan Limited (C 15764).

N.B. The said tenement will be sold as described in the acts of judicial sales number 51/2018.

Marvic Farrugia

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 11th August, 2020, and this after a written plea numbered 349/2020, Ordered:

The annotation or correction of the Act of Birth of Pasqualina Vella, bearing number 1670 of the year 1965, so that in the column with the heading 'Name or names by which the child is to be called and surname' after the words 'Pasqualina, Giusa, Carmen' the words 'also known as Bessie' are added.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree of the 14th August, 2020, in the records of the judicial letter number 2182/2020, in the names Stephen Catania et vs Carmel Celeste et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Carmel Celeste and Victor Borg in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To

1. Carmel Celeste (ID 0799949M) of 140, Flat 1, Triq San Nikola, Valletta

2. Victor Borg (ID 0768057M) of 32, Casa Marvic, Triq il-Ħelsien, Ħal Qormi

3. Mapfre Middlesea plc

By means of a judicial letter Stephen and Giovanna sive Joan spouses Catania (ID 0424474M and ID 418178M respectively) and also Loredana Catania (ID 0026401L) of Otar, Triq Pietro Mallia, Siġġiewi SGW 1092 whilst making reference to the road accident that occured on the 31st August, 2018, in Triq is-Siġġiewi, Ħaż-Żebbuġ, Malta where the respondent was driving a car with registration number IBP 348, and where the respondent failed to observe the traffic regulations and this because of negligence, lack of skill and carelessness on the part of the same respondent Celeste, the interpellants are soliciting you and are holding you responsible for the damages caused to them both those damnum emergens and also lucrum cessans and to come forward for the payment and liquidation of damages caused to them, and in case that within fifteen days from the notification of this judicial letter you remain in default, the interpellants will proceed further against you according to law.

For all intents this judicial letter is being sent to the owner of the vehicle numbered IBP 348 and that is Victor Borg to also hold him responsible for all the effects and purposes of law. This letter is being notified to the insurance that covers the parties and damages caused by the accident.

This letter is being filed to interrupt any prescription and for all the effects and purposes of law.

With costs including this judicial letter and legal interest according to law. This judicial letter is being made in terms of law Cap. 16 including article 2153 of Cap. 16.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals