Court Notices published in Govt. Gazette no. 20,469 of 25 August 2020

ARB/C026/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 19th August, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Natasha Galea Sciberras LLD). Compilation Number 405/2020 in the case:

The Police

(Inspector Justine Grech)

Versus

FRANZISKA JENNIFER REMUS, unemployed, 26 years, daughter of the late Michael Mario and Angelica née Glawati, born in Berlin, Germany on the 29th September, 1993, residing at 60, Aurora Court, Penthouse 4, Triq Sant'Anġlu, Tas-Sliema and holder of German Identity Card number L3G340RH2.  

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 FRANZISKA JENNIFER REMUS 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, Chapter 101 of the Laws of Malta, Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta and Section 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Section 22A, Section 23A 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

It is hereby notified that by virtue of a decree given on the 17th July, 2020, the Small Claims Tribunal (Gozo) ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Michaelangelo Zammit of 'Villa Zammit', Triq il-Papa Ġwanni Pawlu II, Rabat, Gozo.

The plaintiffs Saviour Camilleri and Mario Camilleri of 40, Triq l-Assunta, Rabat, Gozo filed a claim in the Small Claims Tribunal (Gozo) – Case number 4/2020 in the names 'Saviour Camilleri et vs Michaelangelo Zammit' to pay the plaintiffs the amount of €2,391.50 as expenses in connection with the property bearing the name 'Michael's Court', Triq Santa Marija, Marsalforn, Żebbuġ, Gozo particularly in respect of regularisation of the same property, processing fees for said regularisation of relative application, site plan, expenses incurred by Architect Deborah Busuttil as well as expenses for the repair of aluminium apertures together with the relative interest up to the date of effective payment.

The hearing of this case is being deferred to the 10th September, 2020, at 11.00am.

SILVANA GRECH

For the Registrar

By means of a decree of the 26th September, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 3602/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Rita Grima, the following publication was ordered for the purpose of effecting service on the respondent Rita Grima in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Rita Grima (ID 107673M) of Il Sogno, Triq Tumas Dingli, Ħaż-Żebbuġ

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €7,821.95, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water  supply regulations  together with interest due on the amount according to Law regarding the bills number 101000104689 that is the premises with address Il Sogno, Triq Tumas Dingli, Ħaż-Żebbuġ.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 9th June, 2020, in the records of the Sworn Application in the names Doctor Michelle Tabone noe vs Giovanna Dolores sive Joanna Portelli et, Application Number 1132/2019JVC, the following publication was ordered for the purpose of effecting service on the respondent Giovanna Dolores sive Joanna Portelli, 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 Doctor Michelle Tabone (ID 138371M) as Burser of His Excellency Monsigneur Charles J Scicluna, Arcbishop of Malta, Administrator of the Property of the all Malta Diocesan Eccesiastical Entities for and on behalf of the Cathedral of Malta vs Giovanna Dolores sive Joanna Portelli (identity card number 156262M) and Dr Frank Portelli on 27th November, 2019, the applicant Dr Michelle Tabona (identity card number 138371M) as Burser of His Excellency Monsigneur Charles J Scicluna, Arcbishop of Malta, Administrator of the Property of the all Malta Diocesan Eccesiastical Entities for and on behalf of the Cathedral of Malta, submits with respect and Dr Michelle Tabone (ID 138371M) confirms on oath:

1. That the applicant nomine is the owner of the premises number 369 situated in Triq Manwel Dimech, Tas-Sliema, as shown from the Lands Registry Certificate holding number LR-A 3066/2019, a copy of which is here attached and marked as Doc. A;

2. By means of a contract in the records of Notary Giuseppe Metropoli of the 11th April, 1866, a copy of which is here attached and marked as Doc. B, the premises abovementioned were granted by title of temporary emphyteusis for a period of 99 years;

3. By means of a deed in the records of Notary Giacchino Frendo dated 7th August, 1883, a copy of which is here attached and marked as Doc. C, this emphyteutical concession was extended for a subsequent period of 50 years;

4. By means of a deed in the records of Notary Doctor Anthony Gatt of the 3rd February, 1975, a copy of which is here attached and marked as Doc. D, George Portelli, father of the respondents, bought during his marriage to Dolores Portelli, the remaining temporary empyteusis of the premises abovementioned and that is 369 that is found in Triq Manwel Dimech, Tas-Sliema which emphyteusis expired in December 2015;

5. George Portelli died on the 16th June, 2003, as shown on the death certificate here attached and marked as Doc. GP;

6. Dolores Portelli died on the 1st October, 1996, as shown on the death certificate here attached and marked as Doc. DP;

7. By means of a will unica carta in the acts of Notary Doctor George Cassar dated 8th September, 1996, here attached and marked as Doc. GP2, the children, that is the respondents Giovanna Dolores sive Joanna Portelli and Doctor Frank Portelli, of the said George and Dolores Portelli were nominated as heirs;

8. Notwithstanding that several solicitations to the respondents to vacate from the premises, amongst them a legal letter of the 23rd November, 2015, 6th July, 2016, and 6th December, 2016 (Doc. E, Doc. F and Doc. G respectively) and the legal letter 1872/2016 a copy of which is here attached and marked as Doc. H, were made, the respondents remained in default;

9. So this law suit had to be filed;

10. That the applicant nomine knows of the facts abovementioned personally.

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

1. Declares that the respondents are occupying the premises number 369 situated in Triq Manwel Dimech, Tas-Sliema without any valid title at law;

2. Condems the respondents to vacate from the said premises number 369 that is found in Triq Manwel Dimech, Tas-Sliema, and to leave the immovable free and unencumbered in favour of the applicant nomine within a short and permeptory time that this Honourable Court orders and fixes.

With costs inclunding the legal letters dated 23rd November, 2015, 6th July, 2016, and 6th December, 2016, and judicial letter 1872/2016 reserving any other action by the applicant nomine, including the damages that it is suffering, against the respondents who are from now summoned so that a reference to their oath be made.

The Sworn Application in the names Dr Michelle Tabone noe vs Giovanna Dolores sive Joanna Portelli et, Application Number 1132/2019, has been postponed for hearing for the 15th September, 2020, at 11.00 a.m.

Notification: Giovanna Dolores sive Joanna Portelli, 58, Triq Sir Luigi Preziosi, San Pawl il-Baħar

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 13th July, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 881/2020 in the names No Deposit Cars Malta Limited vs Carlyle Parker,  the following publication was ordered for the purpose of effecting service on the respondent Carlyle Parker in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Carlyle Parker (ID 0191354A) of 22, Flat 2, Triq il-Bronja, Mellieħa

By the present, No Deposit Cars Malta Limited (C 85780) of Sharay, Triq il-Fraxxnu, San Ġiljan (hereinafter referred to as the company) is hereby executing and enforcing the following bills of exchange, which bills of exchange are of the total amount of €3,740 (a copy of which bills of exchange is being herein attached and marked as Doc. 1) which bills of exchange have been issued by the respondent and  which bills of exchange have been signed by virtue of the Hire and Purchase agreement dated  23rd July, 2018, between the parties (a copy of which is being herein attached and marked as Doc. 2) and are as follows:

1. Bill of exchange number 1 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd August, 2018, and which sum has to date not been paid;

2. Bill of exchange number 2 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd September, 2018, and which sum has to date not been paid;

3. Bill of exchange number 3 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd October, 2018, and which sum has to date not been paid;

4. Bill of exchange number 4 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd November, 2018, and which sum has to date not been paid;

5. Bill of exchange number 5 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd December, 2018, and which sum has to date not been paid;

6. Bill of exchange number 6 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  January, 2019, and which sum has to date not been paid;

7. Bill of exchange number 7 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  February, 2019, and which sum has to date not been paid;

8. Bill of exchange number 8 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  March, 2019, and which sum has to date not been paid;

9. Bill of exchange number 9 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  April, 2019, and which sum has to date not been paid;

10. Bill of exchange number 10 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  May, 2019, and which sum has to date not been paid;

11. Bill of exchange number 11 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  June, 2019, and which sum has to date not been paid;

12. Bill of exchange number 12 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  July, 2019, and which sum has to date not been paid;

13. Bill of exchange number 13 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  August, 2019, and which sum has to date not been paid;

14. Bill of exchange number 14 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  September, 2019, and which sum has to date not been paid;

15. Bill of exchange number 15 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  October, 2019, and which sum has to date not been paid;

16. Bill of exchange number 16 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  November, 2019, and which sum has to date not been paid;

17. Bill of exchange number 17 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd December, 2019, and which sum has to date not been paid;

18. Bill of exchange number 18 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd January, 2020, and which sum has to date not been paid;

19. Bill of exchange number 19 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  February, 2020, and which sum has to date not been paid.

20. Bill of exchange number 20 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  March, 2020, and which sum has to date not been paid.

21. Bill of exchange number 21 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  April, 2020, and which sum has to date not been paid.

22. Bill of exchange number 22 in the amount of €170.00 issued by defendant in favour of the company, which bill of exchange was due on the 23rd  May, 2020, and which sum has to date not been paid.

This judicial letter is being notified to you in accordance with Article 253(e) of Chapter 12 of the Laws of Malta and if you do not oppose the execution of the above bills of exchange within twenty (20) days from notification of the judicial letter by means of an application filed in the acts of the present judicial act, this judicial letter shall be rendered an executive title against you and therefore the credit being claimed by the Company shall become immediately executable.

Notwithstanding that you have been requested to pay the interpellant according the Payment Schedule (here attached and marked as Doc. 3) and by means of a Statement of Contract (attached and marked as Doc. 4) you have nonetheless remained in default and therefore the Company had to resort to filing this judicial letter against you.

In default the Company shall be proceeding in terms of law without further notice in order to enforce its executive title.

With expenses and legal interest from the expiration of the bills of exchange until effective date of payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by this Court on the 10th July, 2020, following  a request of  Dr Mark Grech, it was ordered that deputy curators be chosen to represent the absent Dr Mohammed Giusani in the records of the Sworn Application 101/20 JPG, in the names 'Dr Mark Grech vs Deputy Curators' and in the other relative and subsequent acts.

By means of a Sworn Application filed in the Civil Court (Family Section) in the names Dr Mark Grech (ID 495566M) vs Deputy Curators to represent the absent Dr Mohamed Giuzani (ID 0157375A), holder of passport of Tunis number X606921, on the 10th July, 2020, the applicant Doctor of Medicine Mark Grech (ID 495566M) asked this Honourable Court to declare and decide that the marriage celebrated by the parties on the 25th August, 2019, is null and without legal effect in terms of Article 19(1) (d) 19 (1) (f) as well as 19 A(1) of Cap. 255 of the Laws of Malta and uphold the other demands in the application.

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

Applicant: Dr Mark Grech, Ix-Xifer, Triq il-Mejjiesa, Manikata, Mellieħa

Notify: Curators

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) abovementioned with the witness of the Honourable Joseph R. Micallef BA, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 11th August, 2020, by this Court (AF) in the records of the Sworn Application in the names Lautier Ludwig et vs Yelf Hazel Mary, Application Number 362/2020 AF, the following publication was ordered for the purpose of service of the respondents Ludwig Lautier and Sian Jennifer Lautier, 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 records of the Application (following the judgement) of the 3rd December, 2019, Application Number 195/18 FDP, in the names Ludwig Lautier (ID 235481M) and Sian Jennifer Lautier (Passport of England 510590211) vs Hazel Mary Yelf (ID 60466A) on the 27th May, 2020, the applicant David Housley (ID 186301L) and his wife Mary Carmen (sive Marlene) Housley (ID 377257M) as heirs of Hazel Mary Yelf, in terms of Article 811 et sequitur of Cap. 12 of the Laws of Malta, respectfully pleaded:

1. That the applicants are the sole heirs of Hazel Mary Yelf née Sinclair (previously holder of identity card number 60466A) who passed away on the 5th August, 2019 (certificate of death annexed Doc. H1) and this in terms of the last will of the same Hazel Mary Yelf of the 11th November, 2016, as indicated in the application.

… omissis …

3. That the decujus Hazel Mary Yelf was the owner of the apartment number four (4), Vista Terrace, Triq l-Iskuna, Qawra, limits of Saint Paul's Bay, which she acquired together with her husband by a contract of the 29th September, 2019, and subsequently she inherited her husband's share after her death.

4. That from a search that the applicants subsequently made it resulted that by means of a judgement of the 3rd December, 2019, the First Hall Civil Court had amongst others ordered that Hazel Mary Yelf, to honour the preliminary agreement regarding the property of the 2nd February, 2016, and declared that the respondent is bound to sell and assign the premises or apartment number four (4), Vista Terrace, Triq l-Iskuna, Qawra, l/o San Pawl il-Baħar, the applicants Ludwig Lautier and Sian Jennifer Lautier, as stated in this application.

… omissis …

15. That the interpellants are upholding, as stated in the application, that there were various defaults which brought about the lack of observation of the principle of natural justice and the fundamental right to a fair hearing and this because Hazel Mary Yelf was denied the opportunity to conduct her own defence in the procedures mentioned and this despite that as stated she would certainly have done this if she knew about procedures.

Thus in view of that premised in the application the applicant David Housley (ID 186301L) and his wife Mary Carmen (sive Marlene) Housley (ID 377257M) respectfully pray this Honourable Court:

1. To declare and decide that there exist suifficient reasons for a new trial according to law in terms of Article 811(b) of Cap. 12 of the Laws of Malta.

2. In default declare and decide that there exist sufficient reasons for a new trial according to law in terms of Article 811(a) of Cap 12 of the Laws of Malta, since the judgement was obtained by the decided of Hazel Mary Yelf.

3. Consequently cancel and annul the judgement of the First Hall Civil Court of the 3rd December, 2019, in the names Ludwig Lautier et vs Hazel Mary Yelf (Application number 195/18 FDP) and uphold the other demands in the application.

With costs against the respondents Lautier who are from now summoned so that a reference to their evidence be made.

The Sworn Application in the names Lautier Ludwig et vs Yelf Hazel Mary, Application Number 362/2020 AF, has been deferred for hearing to Thursday, 12th November, 2020, at 10.00 a.m.

Notify:

Ludwig Lautier, Flat 7, Denise Court, Triq Emanuel Pinto, San Pawl il-Baħar

Sian Jennifer Lautier, Flat 7, Denise Court, Triq Emanuel Pinto, San Pawl il-Baħar

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

DKR 22/2018 – CANCELLATION OF A FREEZING ORDER

It is being notified that by judgement dated 27th July, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature – (Magistrate Dr Joseph Mifsud LLD), District Valletta, in the case in the names:

The Police

(Inspector Jeffrey Scicluna)

(Inspector Priscilla Caruana Lee)

Versus

… Omissis …

And

Gilbert Galea, 29 years, son of Anthony and Rita nee Caruana, born in Tal-Pietà, Malta on the 27th January, 1991, residing at Sueno, Triq Santa Marija, Żurrieq, Malta and holder of Maltese Identity Card bearing number 88191M.

The Court ordered the cancellation of the freezing order of all the assets of the said Gilbert Galea which order was given by a decree dated 18th January, 2018, by the Court of Magistrates (Malta) as a Court of Criminal Judicature - (Magistrate Dr Joseph Mifsud LLD).

This order is being published according to section 5(6) of Chapter 373 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

By decree given by the Civil Court, First Hall, on the 30th July, 2020, on the application of Bank of Valletta plc (C 2833), Thursday, 1st 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, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

The house built on two storeys including its overlying airspace numbered nineteen (19) situated in Alley number three (3) in Triq Britannja, today knows as Triq it-Tabib Jimmy Farrugia, Ħal Tarxien, which house has two (2) air vents abutting on third party property, free and unencumbered with all its rights and enjoyments, valued at eighty thousand euro (€80,000).

The said tenement is the property of Cutajar Kreaton (ID 600977M) and by decree dated 16th February, 2017, Dr Benjamin Valenzia and Legal Procurator Alison Wadge were nominted as deputy curators for the absent.

N.B. The said tenement will be sold as described in the acts of judicial sales number 37/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By a decree given on the 10th August, 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 Organisation and Civil Procedure (Chapter 12).

That by an application filed by Pavel Eliashevic (Russian Passport Number 530776616) on the 30th of June, 2020, is asking for the withdrawal of €255,000 by Pavel Eliashevic deposited by schedule of deposit 988/2017 in the names of:

Irina Sedova (Italian Passport Number AA4402955) vs Pavel Eliashevic (Russian Passport Number 530776616)

The Court ordered the notification of this application with a one week period to reply. 

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section on the 1st August, 2019, Application number 1179/2019 by Joanna Antida known as Yvonne Borg, whereby following the application Vincent Borg, husband of Joanne Antida known as Yvonne Borg née Spiteri, son of the late Paul Borg and Rose Borg née Martin, born on the 2nd December, 1939, in Ħamrun and residing in San Ġwann, aged 79 and holding identity card number 835139M, was interdicted from all the acts of civil life by means of a decree given on the 8th October, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 17th August, 2020, on the application of Bank of Valletta plc (C 2833), Thursday, 29th October, 2020, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

The tenement officially numbered one hundred and ninety-seven (197), Casa Mia, in Triq il-Palma, Paola, subject to annual and perpetual groundrent of nine euro and thirty-two cents (€9.32), free and unencumbered, with all its rights and enjoyments valued at one hundred and seventy-five thousand euro (€175,000).

The said tenement is the property of Saliba Giorgina (ID 150257M).

N.B. The said tenement will be sold as described in the acts of the file number 57/11.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 17th August, 2020, on the application of Bank of Valletta plc (C 2833), Thursday, 22nd October, 2020, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Garage offficially numbered four (4), in Triq l-Artillieri, Żonqor, Marsaskala, underlying third party property, which is second one from the corner named Triq Hurds Bank, free and unencumbered  with all its rights and appurtenances, also subject to conditions that it is not used for work or business that cause noise and smells, dirt and danger so as not to be of nuisance to overlying occupants particularly as a carpenter, spray painter, panel beater or keeping animals, valued at sixteen thousand euro (€16,000).

The said tenement is the property of Mallia Alfred (ID 186852M) and Mallia Jane (ID142655M).

N.B. The said tenement will be sold as described in the acts of the file number 31/14.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th August, 2020, the Court of Magistrates (Malta), in the records of the Counter-Warrant in the names Stephen Galli vs Citadel Insurance plc, Warrant Number 706/2020, the following publication was ordered for the purpose of effecting service of Stephen Galli in terms of Article 187(3) et sequitur of Cap. 12.

By means of an application filed in the Court of Magistrates (Malta), following the Garnishee Order Number 458/2020 in the names Stephen Galli (ID 191009L) vs Citadel Insurance plc, Warrant Number 706/2020, on the 23rd June, 2020, the applicant Citadel Insurance plc respectfully asked:

That this Honourable Court orders the issue of the opportune Counter-Warrant for the under mentioned reason.

Reason: Because after the issue of the garnishee order number 458/20 Doc. A two schedules of deposit were filed - Schedule of Deposit number 1073/2020 Doc. B and Schedule of Deposit number 775/2020 Doc. C. The amount deposited by means of these two schedules of deposit exceeds the amount that is being claimed in the garnishee order Number 458/2020.

Counter Warrant

Republic of Malta

To the Court Marshall

Whereas following the execution of the warrant to which the above application refers there are sufficient reasons according to law why this said warrant is not to remain in force.

Given by the Court abovementioned

In the Court of Magistrates (Malta)

Magistrate Dr Caroline Farrugia Frendo LLD

In the records of the Counter-Warrant Number 706/2020 in the names:

Stephen Galli

vs

Citadel Insurance plc

The Court,

Having seen the application;

Orders service to the counterparty who has two (2) days within which to reply.

Garnishees:

1. HSBC Bank Malta plc – Ħal Qormi

2. Bank of Valletta plc – Valletta

3. Lombard Bank plc – Valletta

4. APS Bank Ltd – Valletta

5. BNF Bank plc – Gżira

Notification: Stephen Galli, Clare, Triq Belveder, Gżira

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section on the 7th December, 2018, Application number 1941/2018 by Mario Mizzi, Antonia sive Tanya Scopazzi and Irmina sive Irma Galea,  whereby following the application Josephine Mizzi, widow of Joseph Mizzi, daughter of Gerald and Mary Parascandalo, born in Birgu, Malta on the 23rd February, 1939, and residing in Tas-Sliema, aged 80 and holding identity card number 0215939M, was interdicted from all the acts of civil life by means of a decree given on the 23rd August, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 21st February, 2018, Application number 269/2018 by Emanuel Refalo, whereby following the application Catherine Refalo, daughter of Paul Borg and Mikelina Borg nee Dalli, born in Qrendi on the 13th November, 1940, and residing in Ħaż-Żebbuġ (Malta), aged 78 and holding identity card number 023344M, was interdicted from all the acts of  civil life by means of a decree given on the 4th August. 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 11th March, 2020, in the records of the Application in the names Jason Calleja vs Carmela sive Charmaine Calleja, Application Number 291/07, the following publication was ordered for the purpose of service of the respondent Carmela sive Charmaine Calleja, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application presented in the Court of Appeal, Application Jason Calleja vs Carmela sive Charmaine Calleja, Application Number 291/97, on the 23rd December, 2019, the applicant Jason Calleja (ID 401174M) respectfully pleaded:

That by means of a Sworn Application presented on the 13th July, 2007, the applicant appellant asked the Honourable Court:

1. To pronounce the personal separation between the parties.

2. To declare dissolved the community of acquests existing between the parties.

… omissis …

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

The defendant respondent by means of her reply pleaded the following:

1. That the tort for the marriage is solely mputable to the applicant Jason Calleja.

2. That the interpellant has long been a victim of psychological violence due to the behaviour of the applicant.

3. That furthermore in the present case the sanctions stipulated in Articles 48 and/or 51 to 55 of the Civil Code Cap. 16 are not applicable.

That the Honourable First Court disposed of the cause and decided:

1. To uphold limitedly the first demand by pronouncing the personal separation between the parties because the marriage irretrievably broke down but the fault is imputable to both parties equally.

2. Uphold the second demand.

3. Uphold the third demand.

With costs to be paid equally between the parties.

That the plaintiff felt aggrieved by the judgement given by the Honourable First Court.

… omissis …

That the grievances are clear and consist in the following:

1.         Grievance - Wrong evalutation of the proof

That the appellant humbly submits that the Court of First Instance made a manifestly wrong appreciation of the proof.

Tort for the breakdown of the marriage

Despite that the defendant respondent tried to create an argumentation in her favour, her same thesis is contradictory and not credible for the simple reason that from the proof produced and from the records of the cause it is evident that the marriage between the parties broke down solely due to the harsh and manipulative behaviour of the defendant towards her husband.

… omissis …

Credibility of the witness

That when both parties have blamed each other and the divergencies between them are evident, it is a well-established fact that the Court has the duty to examine the credibility of the witness … omissis … That with all respect the Honourable Court of First Instance was mistaken when it held that from an examination of the proof it appears that the two parties had a litigious character that rendered conjugal life impossible. It is true that there were several arguments between the parties, but the plaintiff certainly cannot be described as a person who has a litigious character. This is certainly unjust.

2. Grievance - Liquidation of the community of acquests

The Court of First Instance upheld the second demand of the appellant plaintiff and declared dissolved the commnutity of acquests.

… omissis …

That the grievances resulting from this head of the judgement are mutiple and consist in the following:

… omissis …

3. Grievance - All the sanctions contemplated in Article 48 of the Civil Code

It has to to be specified that the plaintiff agrees with the third heading of the judgement since the Court of First Instance upheld the third demand of the plaintiff and applied against the defendant all the sanctions contemplated in Article 48 of the Civil Code.

… omissis …

Thus once the Court of First Instance was very clear as regards the applications of these sanctions in their entirety, it had to be equally certain how this sanction had to be applied. Since from the proof produced it appears clear that the plaintiff had one and a second job, whilst the defendant never worked except during the beginning of the marriage, the defendant thus lost the right to one half of the acquests made by the work of the plaintiff.

Conclusion

Thus the interpellant whilst referring to all the proof produced and that which can be produced according to law at this stage for reasons above brought forward, humbly appeals this judgement of the Civil Court (Family Section) of the 12th December, 2019, in the names Jason Calleja vs Carmela sive Charmaine Calleja (291/07) and humbly prays this Honouranble Court to reform and vary the judgement appealed, as mentioned in this application.

With costs of both instances against the respondent plaintiff.

Notify: Carmela sive Charmaine Calleja, 19, Il-Bejta, Triq Dun Ġużepp Demicoli, Ħal Għaxaq

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 30th July, 2019, Application number 1296/2019 by Josephine Sacco and Diana Sacco, whereby following the application Martin Mario Sacco, bachelor, son of the late Salvatore sive Salvu Sacco and Josephine née Vassallo, born in Ħ'Attard, Malta on the 16th November, 1969, and residing in Ħal Luqa, aged 49 and holding identity card number 005270M, was interdicted from all the acts of civil life by means of a decree given on the 21st August, 2020.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 17th September, 2019, of the Rent Regulation Board, in the records of the Application in the names Kenneth Azzopardi vs Wakiel Farouq et, Application Number 116/19JD, the following publication was ordered for the purpose of effecting service on the respondents Farouq Wakiel and Houria Wakiel 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 Kenneth Azzopardi (ID 0117253M) vs Farouq Wakiel (ID 0201710L) and Houria Wakiel (ID 0233012L) filed before the Rent Regulation Board on the 4th June, 2019, the applicant Kenneth Azzopardi submitted with respect:

That by means of an agreement dated 7th September, 2016 (attached and marked as Doc. A) the applicant rented the premises that is the shop number 68, Triq Mannarino, Birkirkara to the respondents for ten (10) years;

That according to clause number 4.6 the respondents obliged themselves, as lessees, to pay all utility and service bills within ten days from the issue of such bill. In this regard the lessee is hereby obliging himself to pay the sum of €500 every month in advance for the payment of the water and electricity bill. On the issue of the bill the parties will settle the difference immediately;

The respondents never paid the five hundred a month in advance but they paid the bill once a copy was given to them;

That the respondents terminated the lease in July 2018 but returned the keys in August 2018 and thus they left pending ARMS bills in the amount of €1746.50 (€1514.82 + €231.68) (bills attached and marked as Doc. B and C);

Thus this amount is certain, liquid and due and there exist all the elements required by the provisions of Article 16A of the Reletting of Urban Property Ordinance Cap. 69 so that the requests of the applicant, for the payment of the amount of services due, be decided without proceeding to trial because as far as the applicant knows the respondents do not have any defences against the requests of the applicant;

The respondents were solicited to pay the amount due but remained in default.

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

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

2. Orders the same respondents to pay the applicant the amount of €1746.50 due by them as above mentioned.

With costs and legal interest against the respondents that are from now summoned so that a reference to their oath be made.

Applicant: 26, Serene, Triq l-Għarbiel, Swieqi

Notification: Farouq Wakiel and Houria Wakiel, 70, Zentil, Triq il-Kavallieri ta' Malta, Marsaskala

The application in the names Kenneth Azzopardi vs Wakiel Farouq et, Application Number 116/2019JD, has been postponed for hearing to the 24th September, 2020, at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals