Court Notices published in Govt Gazette no. 20,477 of 4 September 2020

ARB/C028/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 28th August, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Victor G. Axiak LLD). Compilation Number 418/2020, in the case:

The Police

(Inspector James Grech)

(Inspector Colin Sheldon)

Versus

VIKTOR DRAGOMANSKI, unemployed, 37 years, son of the late Mile and Gordana, born in Skopje, Macedonia on the 12th May, 1983, residing at 23, Triq il-Karmnu, Tas-Sliema and holder of Maltese Identity Card bearing number 187641A.  

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 VIKTOR DRAGOMANSKI and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 23A(2) 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.

The Court AUTHORISED the said accused to receive the amount authorised by law that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicates with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 23A(2) 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

ARB/C029/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 27th August, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Nadine Lia LLD). Compilation Number 416/2020, in the case:

The Police

(Inspector James Grech)

(Inspector Colin Sheldon)

Versus

DANIEL MUKA, car wash attendant, 25 years, son of Xhemel and Vjollca, born in Tirana, Albania on the 25th January, 1995, residing at 87, Triq il-Miratur, Floriana and holder of Albanian Passport bearing number BD8707291.   

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 DANIEL MUKA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 23A and Section 23B 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.

The Court AUTHORISED the said accused to receive the amount authorised by law that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicates with a note from where they are perceiving this money.

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

By decree dated 16th July, 2020 after judgement given by the Civil Court First Hall on the 27th February, 2020, on the Application number 842/19, given by the Honourable Judge Grazio Mercieca in the names of Francesca Caruana (ID 64889M) vs Jonathan Cauchi (ID 29986M), Tuesday, 20th October, 2020, at noon (12.00 p.m.) has been fixed for the Sale by Auction, to be held in Room Number 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

An apartment internally marked number three (3), overlying third party property, in the block of apartments named 'Ocean Swell Apartments', in Triq il-Fortizza in Mellieħa, free and unencumbered, with all its rights and enjoyments, including the perpetual and uninterrupted use of the intended parts for common use together with the other owners of the same block, excluding the airspace and the roof of the block property of third parties, water drainage system in common with the other properties in the same block, and with the right of a satellite dish in common with the other properties in the same block, a one thousand litre (1000lt) water tank per unit on the block's roof, and with the right of access to the said roof in case of damage and maintenance in reasonable hours for repair and maintenance purposes of the said services, as better described in the procurement contract of the same property dated eleventh (11th) December, two thousand and fourteen (2014) in the acts of Notary Doctor Bartolomeo Micallef, valued at two hundred and sixty thousand euro (€260,000) with the participation of extraneous bidders.

The said tenement is the property of Francesca Caruana (ID 64889M) and Jonathan Cauchi (ID 29986M)

N.B. The said tenement will be sold as described in the acts of judicial sales number 7/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 8th July, 2020, Application number 721/2020 by Joseph Bianco et, whereby they requested that it will be declared open in  favour of Joseph, John, Maria Grazia sive Grace and Raymond all brothers and sisters Bianco children of the late Anthony Bianco the latter brother of the decujus and in favour of Colin Bianco son of the late Charles Bianco the latter brother of the decujus in the quota of one fifth (1/5) undivided share each one of them the succession of Francesca Bianco, unmarried, daughter of the late Giuseppe Bianco and Maria nee Cassar, born in Paola, Malta, resided in Ħal Luqa, Malta and died in Ħal Luqa, Malta on the 1st March, 2020, aged 84 and who held identity card number 47736M.

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 Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 13th August, 2020, Application number 918/2020 by Mary Rose widow of Alfred Caruana, whereby she requested that it will be declared open in her favour as the sole heir  the succession of  her husband Alfred Caruana, husband of Mary Rose, son of the late Vincent Caruana and Magdalene Caruana nee Abela, born in Rabat, Malta, resided in Rabat, Malta and died in Rabat, Malta on the 3rd February, 2020, aged 72 and who held identity card number 1051047M.

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 Courts and Tribunals

By means of a decree of the 24th August, 2020, of the Rent Regulation Board, in the records of the Application in the names Joseph Cini et vs Edward Zahra, Application Number 44/2020CG, the following publication was ordered for the purpose of effecting service on the respondent Edward Zahra 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 Joseph Cini (ID 109551M) and Maria Concetta Cini (ID 455852M) vs Edward Zahra (ID 619981M) filed before the Rent Regulation Board on the 13th February, 2020, the applicants Joseph u Maria Concetta Cini submitted with respect:

That the applicants are the owners of the premises 133, Vinjos, Triq ix-Xatt ta' Santa Marija, Santa Marija Estate, Mellieħa.

That in the year 2011 the applicants signed a lease agreement with the respondent whereby these premises were leased to him under the terms and conditions stipulated in the same agreement which was renewed by mutual agreement until the lease was terminated at the end of September 2019.

The parties had agreed between them that the rent was to be increased from €3500 per year to €4000 per year which were to be paid every three (3) months in advance.

The respondent owes the applicants the amount of €5000 representing arrears of rent for the months of July 2018 and September 2019 of these same premises.

In addition, the respondent owes the applicants the sum of €179.42 representing the water and electricity arrears consumed by him in the same premises for the period between March 2019 till September 2019.

Although the respondent was duly solicited to pay the amount and he admitted several times that the amount is effectively due he remained in default.

Thus this law suit had to be filed.

Thus the applicants request this Honourable Board, saving any orders that it might give according to law, to:

1. Declare that the respondent is their debtor in the amount of €5000 representing rent arrears as abovementioned;

2. Declare that the respondent is their debtor in the amount of €179.42 representing water and electricity arrears as abovementioned; and

3. Condemn the responent to pay the applicants the total amount of €5179.42.

With interest from the date on which the said amount fell due together with costs of this present procedure and of the judicial letter number 3609/19.

Applicants: 123, Triq San Tumas, Marsa

Notification: Edward Zahra, Viclyd, Triq San Mikiel, Iklin

The application in the names Joseph Cini et vs Edward Zahra, Application Number 44/2020CG, has been postponed for hearing to the 10th September, 2020, at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 28th July, 2020, of the Rent Regulation Board, in the records of the Application in the names Silvio Felice vs Austin Odihse, Application Number 74/2020SG, the following publication was ordered for the purpose of effecting service on the respondent Austin Odihse 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 Silvio Felice (ID 450955M) vs Odihse Austin, filed before the Rent Regulation Board on the 27th May, 2020, the applicant Silvio Felice submitted with respect and confirmed on oath:

That he leased the premises numbered 80, Oceanus Court, Triq it-Tamar, San Pawl il-Baħar, Malta by means of a private writing dated 26th May, 2019.

That the respondent always had problems paying the rent and the bills for services rendered. That recently the respondent did not pay the sum of €326.81, this being part of a larger balance which was due for services, together with the arrears of two months' rent in the amount of €500 per month. This to a total amount due of €1,326.81.

That although solicited to pay the bill, he remained in default.

That the applicant would like to receive payment for the balance due for the services rendered and the rent arrears.

That the applicant is of the opinion that the respondent does not have any defences to these requests, and consequently believes that this Board can decide these proceedings in terms of Article 16A of Chapter 69 of the Laws of Malta and thus summarily, without proceeding to trial.

That this application is being made and confirmed under oath by the applicant Silvio Felice who knows the facts of the case.

The respondent is therefore to state why this Honourable Board should not:

1. Decide the request  in terms of Article 16A Chapter 69 of the Laws of Malta, summarily, without proceeding to trial;

2. Condemn the respondent to pay the plaintiff the amount of €1,326.81 representing as for the sum of €326.81 for services rendered and €1,000 rent arrears.

With costs including VAT and including the legal letter of the 6th May, 2020, and from now the respondent is summoned so that a reference to his oath be made.

Applicant: Casa Felice, Triq it-Trux, Għarb, Gozo

Notification: Odihse Austin, 80 Oceanus Court, Triq it-Tamar, San Pawl il-Baħar, Malta

The  application in the names Silvio Felice vs Odihse Austin, Application Number 74/2020SG, has been postponed for hearing to the 28th September, 2020, at 11.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 3rd August, 2020, Application number 847/2020 by Maria Anna sive Miriam Grech et, whereby they requested that it will be declared open in  favour of  Maria Anna sive Miriam Grech, wife of the decujus in the quota of one half (1/2) undivided share and in favour of  Georgia sive Georgina Bugeja and Joseph Grech children of the decujus in the quota of one fourth (1/4) undivided share each one of them the succession of Giuseppe Grech, husband of Maria Anna nee Abela, son of the late Giuseppe and Gerarda nee Zammit, born in Ħal Għargħur, Malta and resided in Ħ'Attard, Malta and died in Tal-Qroqq, Msida, Malta on the 4th November, 2019, aged 89 and who held identity card number 0218230M.

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 Courts and Tribunals

By means of a decree given on the 3rd August, 2020, in the records of the judicial letter number 2780/2019, in the names Mapfre Middlesea plc vs Matthew Zarb, the Courts of Magistrates(Malta) ordered the following publication for the purpose of effecting service on the respondent Matthew Zarb, in terms of Article 187(3) of Chapter 12 of the Laws of  Malta.

In the Courts of Magistrates (Malta)

To Matthew Zarb (ID 41788M) of Ideal, Flat 4, Triq Sir Ugo Mifsud, Gżira

By means of the present Mapfre Middlesea plc (C 5553) of Middlesea House, Floriana, as subrogated  by policy and at law in the rights of its insured Denise Muscat (ID 229492M) of  128, Triq Brared, Birkirkara and the same Denise Muscat, solicits you so that within five days from the date of notification of this judicial letter you come forward to assume your responsibilities for the road accident which occured on the 13th March, 2019, in Triq Brared, Birkirkara, between the vehicle with registration number FCO4PKX driven by  you and the vehicle with registration number ACH019  driven by the interpellant Denise Muscat and insured by the applicant Mapfre Middlesea plc, and also to pay the total amount of €2747.18 representing the damages incurred by the interpellant.

The interpellant submits that you are solely responsible for the said accident and this because of recklessness, negligence, lack of skill and lack of observation of the traffic regulations on your part or any one of you.

This letter is being sent for the effects and purposes of law especially in terms of Chapter 104 of the Laws of Malta and serving to interupts the prescription in terms of article 2128 of Chapter 16 of the Laws of Malta.

In default of abiding with that requested, the applicants will have no alternative but to take further legal procedures against you according to law.

With costs of this present and legal interest till the date of effective payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 10th August, 2020, Application number 888/2020 by Simone Borg et, whereby they requested that it will be declared open in  favour of Simone Borg and Christopher Micallef, children of the decujus, in the quota of one half (1/2) undivided share each one of them the succession of  their father Joseph Micallef, legally seperated from Mary Astrid Micallef, son of the late Spiru Micallef and Annie Micallef nee Gatt, born in Għajnsielem, Gozo, Malta, resided in San Ġwann, Malta and died in Tal-Qroqq, Msida, Malta on the 8th December, 2019, aged 79 and who held identity card number 75540G.

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 Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 22nd June, 2020, following a request by Rita Mifsud et, it was ordered that deputy curators be chosen to represent  the unknown  owners in the acts of the schedule of deposit number 808/2020 in the names Rita Mifsud et vs deputy curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court in the names Rita Mifsud, housewife (ID 409453M), daughter of the late Joseph Buttigieg and Maria nee Pintley, born in San Ġiljan and residing at 16, Triq l-Arċisqof Romero, San Ġiljan together with her husband Joseph Mifsud, pensioner (ID 742746M), son of Michael Mifsud and Michelina nee Abela, born in San Ġiljan and residing at 16, Triq l-Arċisqof Romero, San Ġiljan, who is appearing for all the intents and purposes vs deputy curators to represent the unknown  owners, filed on the 15th June, 2020, the applicants Joseph and Rita spouses Mifsud respectfully submitted:

That the depositor Rita Mifsud is the owner of the premises number 26, Triq Ballut corner with Triq Bonavita, San Ġiljan (copy of the site plan is here attached and marked as Doc. A) as subject to the annual and perpetual groundrent of ten shillings and nine pence today equivalent to €1.25.

That the applicant Rita Mifsud acquired the said property because she inherited it together with her brother Francis Buttigieg from their mother Maria Buttigieg.

That Francis Buttigieg died on the 19th January, 2016, bachelor and intestate, and for the purpose of causa mortis in the records of Notary Doctor Gertrude Farrugia Wismayer dated 26th May, 2016, his sole heir was the applicant Rita Mifsud and so the applicant inherited the other half of the property which belonged to Francis Buttigieg (copy here attached and marked as Doc. B).

That Maria Buttigieg died intestate on the 29th April, 2004, and for the purpose of causa mortis in the records of Notary Doctor Alexander Joseph Sceberras Trigona dated 28th October, 2004, the applicant Rita Mifsud and her brother Francis Buttigieg were the sole heirs of their mother Maria Buttigieg and so they inherited the property abovementioned (copy of which is here attached and marked as Doc. C).

That their mother Maria Buttigieg inherited the property from her brother that is Joseph Micallef who died on the 10th September, 1983, and this by means of a will in the records of Notary Doctor Alexander Joseph Sceberras Trigona dated 9th September, 1983, whereby Mr Micallef left the property by means of a title of legacy (copy of which is here attached and mrked as Doc. D).

That Mr Joseph Micallef bought the perpetual utile dominium of the property in question by means of a contract of sale in the records of Notary Doctor Frank Xavier Dingli dated 2nd July, 1956 (copy of the contract here attached and marked as Doc. E).

That the applicants cannot establish who the owners are.

That the applicants are also depositing the amount of €6 which sum represents the groundrent due for the last five years that is from the year 2014 till the year 2019.

That the sum of ten shillings and nine pence is equivalent to €1.25 representing the groundrent due, capitalised at the rate of 5%, amounts to €25.

Thus in terms of Article 1501 of Chapter 16 of the Laws of Malta the applicants are requesting this Honourable Court and under its authority are depositing the amount of the redemption of groundrent amounting to €31 to be freely withdrawn as abovementioned by the respondents after leaving the relative receipt.

Applicants: 16, Triq l-Arċisqof Romero, San Ġiljan

Notification: Director of Public Registry, Triq id-Dejqa, Valletta

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, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Justice Toni Abela LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 30th July, 2020, Application number 609/2020 by Albert Francis Muscat, whereby he requested that it will be declared open in  favour of Carmel Muscat husband of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Raymond Muscat and Albert Francis Muscat children of the decujus in equal share between them the succession of Mary Muscat, wife of Carmelo Muscat, daughter of the late Emanuel Borg and Consolata nee Grima, born in Paola, Malta, resided in Siġġiewi, Malta and died in Msida, Malta on the 16th February, 2020, aged 79 and who held identity card number 0094941M.

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 Courts and Tribunals

By means of a decree given by this Court on the 9th July, 2020, following a request of Alan Bonnici, it was ordered that deputy curators be chosen to represent the absent Margarita Kurgan in the acts of mediation 625/20 AL, in the names 'Alan Bonnici vs Deputy Curators' and in the other relative and subsequent acts.

By means of an Application filed in the Civil Court (Family Section) in the names Alan Bonnici (ID 401872M) vs Deputy Curators as curators of Margarita Kurgan (ID MT327717) on the 8th July, 2020, the applicant Alan Bonnici (ID 401872M) respectfully pleaded:

1. That the parties had a relationship, from which relationship together there was born … omissis …  on the 26th November, 2018

2. That the respondent went back to Russia on the 18th February, 2020, and the only contact that the interpellant has is the email address.

Thus the interpellant prays this Honourable Court to order the appointment of deputy curators due by turn to represent the absent Margarita Kurgan in these records and all the subsequent acts and this without proceeding to a notification of the bann.

Interpellant: 19, P22, Tigne Point, Tas-Sliema

Respondent: Deputy curators

Notify with the banns: Dr Elaine Gingell LittleJohn, Courts of Justice, Valletta

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 Hon. Joanne Vella Cuschieri, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 8th July, 2020, following a request by Andre Rotin it was ordered that deputy curators be chosen to represent  the unknown direct owners and the unknown  emphyteutae in the acts of the schedule of deposit number 885/2020 in the names Andre Rotin vs United Acceptances Finance Ltd and deputy curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent   filed in the First Hall of the Civil Court, in the names Andre Rotin, office clerk, son of Saviour and Mary Rose nee Caruana, born in Tal-Pietà and residing at 23, Flat 1, St Anthony, Triq San Luqa, Gwardamanġa, Tal-Pietà (ID 99790M) vs United Acceptances Finance Ltd (C 360) with registered address at Mizzi Organisation Corporate Office, Triq Testaferrata, Ta' Xbiex XBX 1407 and deputy curators to represent the unknown direct owners and the unknown emphyteutae of the apartment number 1 situated at 23, St Anthony, Triq San Luqa, Gwardamanġa, Tal-Pietà, filed on the 25th June, 2020, the applicant Andre Rotin respectfully submitted:

That Giuseppe Caruana, father of the applicant, by means of a public deed in the records of Notary Doctor Marius Said dated 9th February, 1961, acquired:

'... the developable land that forms part of a divided portion of the field of Ta' Bastun, which is found in Pietà measuring two hundred and thirty-one square canes ... subject to the annual and perpetual groundrent and subgroundrent ...'

Amongst other property, the apartment number 1 situated in 23, St Anthony, Triq San Luqa, Gwardamanġa, Tal-Pietà was built.

That by means of a public deed in the records of Notary Doctor Antonio Carbonaro dated 9th September, 1988, Giuseppe Caruana granted this apartment by title of sub-emphyteusis to his daughter Mary Rose Rotin and her husband Salvatore Rotin.

By means of a will unica carta in the records of Notary Dr Marco Farrugia dated 17th February, 1992, the parents of Mary Rose Rotin and namely Giuseppe Caruana and Elena Caruana bequeathed by title of legacy  to the same Mary Rose Rotin the apartment with number 1 situated at 23, St Anthony, Triq San Luqa, Gwardamanġa, Tal-Pietà by title of  perpetual sub direct dominium and the relative annual and perpetual emphyteusis.

Accordingly, after the death of her parents Mary Rose Rotin became the owner of the sub-groundrent of the apartment number 1 situated at 23, St Anthony, Triq San Luqa, Gwardamanġa, Tal-Pietà which was imposed by means of a public deed in the records of Notary Doctor Antonio Carbonaro dated 9th September, 1988.

On the 24th May, 2014, Salvatore Rotin died and by means of a will unica carta that he had entered into together with his wife Mary Rose Rotin, in the acts of Notary Antonio Carbonaro dated 15th March, 1982, he left the general usufruct to his wife Mary Rose Rotin and nominated and instituted as his universal heirs all his children in equal shares between them and that is Dorianne and Andre, siblings Rotin.

That the declaration causa mortis of Salvatore Rotin was made by means of a deed in the records of Notary Doctor Marco Farrugia of the 29th October, 2014.

By means of a deed of donation in the records of Notary Doctor Marco Farrugia dated 26th August, 2016, Dorianne Rotin gave and transferred by title of irrevocable donation to the applicant one fourth (1/4) undivided share of the bare ownership of this appartment.

By means of a public deed dated 7th January, 2020, in the records of Notary Doctor Katya Bezzina, the applicant acquired from his mother Mary Rose Rotin one half undivided share of this apartment.

The apartment is subject to the annual and perpetual groundrent and annual and perpetual sub-groundrent that amounts to €30.28.

Thus the applicant wishes to avail himself from the option that he has in terms of Article 1501 et sequitur of Chapter 16 of the Laws of Malta and redeem the said groundrent and sub-groundrent capitalised at the rate according to law.

That the same groundrent and sub-groundrent of the apartment number 1 situated at 23, St Anthony, Triq San Luqa, Gwardamanġa, Tal-Pietà amounts to €30.28 each year, which when capitalised according to law, amounts to €605.60.

Thus the applicant wishes to avail hims from the option that he has in terms of Article 1501 et sequitur of Chapter 16 of the Laws of Malta, and redeems this groundrent and sub-groundrent of the apartment with number 1 that is situated at 23, St Anthony, Triq San Luqa, Gwardamanġa, Tal-Pietà  and is requesting this Honourable Court and under its authority is depositing the amount of €605.60 for the redemption of groundrent which sum may be freely withdrawn by the respondents after leaving the relative receipt.

Applicant: Andre Rotin, 23, St Anthony, Flat 1, Triq San Luqa, Gwardamanġa, Tal-Pietà

Respondents: United Acceptances Finance Ltd, Mizzi Organisation Corporate Office, Triq Testaferrata, Ta' Xbiex XBX 1407

Deputy Curators: PL Peter Sammut, Law Courts, Valletta      

Notification: Director of Public Registry, Public Registry, Triq il-Merkanti, Valletta

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, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Justice Lawrence Mintoff LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree given on 31st 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 (5) of the Code of Organisation and Civil Procedure (Chapter 12).

By decree given by the Civil Court, First Hall on the 2nd July, 2020, on the application of Bank of Valletta plc (C 2833), Thursday, 17th September, 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 Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Unnumbered garage named 'Elia' in Triq il-Kanun, Ħal Qormi other times referred to as Santa Venera. The said garage is bounded on East by Triq il-Kanun, North by property of Emanuel Galea and on the South by property of Carmelo Dingli or his successors in title and subject to annual and sub perpetual groundrent of forty-one euro and five cents (€41.05) payable directly to the subdirectors, payable annually in advance, free and unencumbered with all its right and appurtenances, tale quale and with vacant possession valued at two hundred and thirty-five thousand euro (€235,000).

The said tenement is the property of Merger Enterprises Limited (C 7066).

N.B. The said tenement will be sold as described in the acts of judicial sales number 32/2016.

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 24th August, 2020, and this after a written plea numbered 586/2020, ordered:

The correction or annotation of the Act of Birth of Jessica Naraindas when this Act of Birth is registered in the Public Registry of Malta so that in the column entitled: “Name or names by which the child is to be called and surname" the name Jessica Naraindas is substituted by Simran Keshav and the surname Genomal is substituted by Mahtani.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

DKR 48/2013 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 25th August, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Claire-Louise Stafrace Zammit LLD) after an application filed by Tancred Tabone on the 29th July, 2020, Compilation Number 170/2013, in the case in the names:

The Police

(Inspector Rennie Stivala)

Versus

Tancred Tabone,  67 years, company director, son of the late Joseph and Marion  nee Mercieca, born in Tas-Sliema, Malta on the 24th October, 1952,  residing at 78, Triq Ġużè Howard, Tas-Sliema, Malta and holder of Maltese Identity Card bearing number 793652M.

The Court authorised the accused Tancred Tabone to scrap the vehicle of make Volvo 144 Saloon with registration number LAN 341 which vehicle was affected by the freezing of assets.

This variation is being published in terms of Section 5(1) of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta, following another decree given by the same Court on the 2nd May, 2018, and published in the Government Gazette of the 28th May, 2018,  following another decree given by the same Court on the 6th October, 2017, and published in the Government Gazette of the 16th March 2018,  following another decree dated 18th August, 2017, which was published in the Government Gazette of the 5th September, 2017, following other publications published in the Government Gazette of the 3rd December, 2014, 18th November, 2013, 14th June, 2013, and 1st March, 2013, and following a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Gabriella Vella LLD) on the 19th February, 2013, and published in the Government Gazette of the 22nd February, 2013, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Tancred Tabone.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

By decree given by the Civil Court, First Hall on the 16th April, 2020, on the application of Seabank Hotel and Catering Limited (C 40319), Tuesday, 20th October, 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, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Two (2) garages situated on level two (2) that is upper basement, forming part of a block of basement garages with direct access from a drive-in abutting in Triq it-Turisti and Triq il-Merluzz, in Qawra, San Pawl il-Baħar, which garages according to their contract of sale are internally numbered five (5) and six (6), with perpetual and uninterrupted access from a drive-in which provides access, and which garages are without their airspace and without their subterrain, subject and enjoy the servitudes resulting from their relative position as well as the right of perpetual and uninterupted right of usage and access by vehicle or by foot of the common areas and services of the garage complex. After structural alterations in these garages, their use has changed and were connected with a staircase with an underlying cafeteria 'Michele's' situated in Triq il-Maskli corner with Triq it-Turisti, together valued at fifty-two thousand euro (€52,000).

The said tenement is the property of Portelli Joseph Mary (ID 536861M) and Portelli Miguel (ID 224592M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 9/2020.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 1st September, 2020, on the application of J. Zammit Limited (C 37945), Wednesday, 28th October, 2020, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction to be held at 447, Triq il-Kbira San Ġużepp, Santa Venera of the following items seized from the property of Agius Gordon (ID 185472M).

Vehicle of the make Peugeot 407 blue in colour, with the registration number CBU638.

N.B. The said vehicle will be sold as described in the acts of judicial sale number 11/2020.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 14th July, 2020, in the records of the Application  Number 123/2018, in the names Edward Zammit (ID 168641M) et vs Bank of Valletta plc (C 2833) et, the following publication was ordered for the purpose of service of the respondents Zammit Carmela and Zammit Edward, in terms of Article 187( 3) et sequitur of Cap. 12.

By means of a Notice issued by the Registry of the Superior Courts on the 27th July, 2020, and whereas the procedures in writing before the Court of Appeal between Edward Zammit and Carmen Zammit vs Bank of Valletta plc and Valletta Fund Management Limited, which from the 22nd November, 2016, started to be called BOV Asset Management Ltd, the Court fixed the hearing of this cause for pleadings for Wednesday, ninth (9) of September, 2020, at 9.15 a.m.

Respondents:

Zammit Carmela, 14, La Madonnina, Triq Sant'Andria, San Ġwann

Zammit Edward, 15, Fl. 1, Triq Karm Galea, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 7th May, 2020, in the records of the Application in the names F. Mercieca & Sons Mobbli Limited vs Josef Curmi, Application Number 1112/2009/1, the following publication was ordered for the purpose of service of the company F. Mercieca & Sons Mobbli Limited, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an application filed in the Court of appeal, Application 1112/2009/1, F. Mercieca & Sons Mobbli Limited (C 4970) vs Josef Curmi, on the 25th May, 2018, the applicant Josef Curmi (ID 372960M) respectfully pleaded:

That the grievances brought by the plaintiff company are unfounded in fact and at law and are to be rejected by this Honourable Court for the following reasons:

The reduction by one third of the damages

1. That in the first place the Court was correct when it considered that it could not attribute all the damages allegedly suffered by the  appellant to the interpellant.

2. That it results from the records that the interpellant is the owner of one third undivided only of the property 82b, Triq Fleur de Lys, Birkirkara.

3. That it is clear that the present cause is based on a demand for the reimbursement of damages suffered by operation of the law and is not a cause based on the request for contractual damages or of a contractual nature.

… omissis …

6. That as the Court of First Instance rightly held, there exists no solidarity between the owners of the property.

… omissis …

9. This besides the fact that the level of responsibility in civil and criminal matters is completely different. In criminal matters there exists no solidarity or different levels of guilt and thus one is either guilty or not. In civil procedures every defendant is to answer for the damages caused by him and thus he can be responsible only for some of the damages caused by him.

… omissis …

The rejection of the first demand of the plaintiff

12. That this grievance is also unfounded in fact and at law since there is no connection between procedures in the civil camp and those in the criminal camp.

Regarding the third, fourth and fifth grievances concerning the damages and costs demanded.

17. That the plaintiff company feels aggrieved because it expects that globally the damages suffered by it amount to €248,901.97 which sum is exaggerated, frivoulous and vexatious.

18. That the plaintiff company however in the evaluation of its frivoulous damages failed to consider various essential factors which brought about the same company to change its showroom.

… omissis …

40. That where the reason for the change of the showroom was truly imputable to the defendant as erroneously pretended by the plaintiff companyand not imputable to the logistic needs of the same company, the same company would have chosen to take on lease a premises with the same rent and of the same size and not a larger premises with a better location.

… omissis …

49. That thus not only the grievance of the appellant where they are asking for the liquidation of damages with a larger quantum of damages than that ordered by the First Court Civil Hall is unfounded, by if ever the appellant company suffered no real damages.

… omissis …

63. That above all and as explained before not only the damages liquidated should not be increased but no damages are due, once as clearly emerges from the proof produced and the Court judgement not only the respondent company did not make any loss, but the fact that it had to change the showroom was beneficial to it since with the change of the showroom it started to make much more profit and this as shall be dealt in the incidental appeal.

Thus the appeal brought by the appellant company is to be rejected with costs of both instances against the same company.

Incidental appeal

That the interpellant wishes to avail himself of the appeal filed by the plaintiff company and this by  filing this incidental appeal from the judgement given by the Honourable First Hall Civil Court, on the 13th October, 2017. That the grievance of the interpellant is clear and manifest and consist in the following grievances:

a) Responsibility for damages

b) Lack of Integrity of the proceedings

c) Judicial expenses

Liquidation of damages

64. That the grievance of the interpellant consist primarily in the fact that the Honourable First Court liquidated the damages due to the interpellant which from the totality  of the proof it results that no damages were really suffered once with the following change the appellant company not only did not make any loss but its increased its profits.

… omissis …

81. That applying the principles mentioned in this appeal to the present cause it results that the interpellant is justified to feel aggrieved due to liquidation of damages made by the Court of First Instance once the appellant company not only suffered loss, but benefited and made a profit with the change on which it is basing its claim for damages.

Lack of integrity of the proceedings

82. That the interpellant felt also aggrieved with the fact that the Honourable First Court avoided the first plea brought by the interpellant or rather that the interpellant should have been freed due to lack of integrity of the proceedings once the other two co-owners of the premises were not part of the cause.

… omissis …

The head of costs

89. That furthermore the interpellant feels aggrieved by the fact that he was ordered to pay the costs of the cause except those that are related to the first demand. That the grievances of the interpellant consist in the fact that there was an enormous disparity between the costs liquidated by the applicants in their note of submissions asnd those liquidated by the Court in First Instance, it thus follows that the larger part of the costs had to be borne by applicant.

… omissis …

Thus the interpellant whilst referring to the records and all the proof produced in First Instance and whilst reserving to produce all those proof permitted to them by law, are praying that this Honourable Court of Appeal reform the judgement given by the First Hall Civil Court, of the 13th October, 2017, as demanded in this application.

With costs of both instances against the appellants from now summoned so that a reference to their evidence be made.

Notify: F. Mercieca & Sons Mobbli Limited, 38, Triq San Pietru, Ħaż-Żebbuġ

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree given on the 27th July, 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 (5) of the Code of Organisation and Civil Procedure (Chapter 12).

By the application filed in the Civil Court First Hall on the 21st November, 2019, by Bank of Valletta p.l.c. application number 64/19 in the names Bank of Valletta p.l.c. (C 2833) vs Ta' Bettina & Co. (P 1209) being asked that the Court orders the sale by auction of:

The tenement named “La Cucina di Bettina" Restaurant, officially numbered five (5), underlying third parties' property but with its own sub-terrain, which tenement is situated on ground floor level in Triq Congreve, Qrendi, sometimes indicated as limits of Żurrieq, free and unencumbered, with all its rights and appurtenances and guaranteed vacant possession.

The said tenement is the property of Ta' Bettina & Co. (P 1209).

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court (Family Section)

Whereas the plaintiff Marika Bonello, ID card number 0304885M, presented an application (No. 109/20 AGV) demanding corrections in the Act of Birth of Dean Mifsud 2500/2020 in the Public Registry.

Whoever 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,

ĊETTINA GAUCI

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court hereunder mentioned on the 17th August, 2020, following  a request of Hatim Alfetwryi, it was ordered that deputy curators be chosen to represent the absent Kimberly Daine in the records of the Letter of Mediation 693/2020 AL, in the names 'Hatim Alfetwryi vs Deputy Curators' and in the other relative and subsequent acts.

By means of a Letter of Mediation, presented in the Civil Court (Family Section) on the 20th July, 2020, by Hatim Alfetwryi (ID 119881A) of Flat 21, Kurunell Court, Block C, Triq Dun Anton Tabone, San Ġiljan, the said Hatim Alfetwryi (ID 119881A) in terms of Regulation 4(1) et sequitur of Legal Notice 397/2003, asked the Court to authorise the parties to separate consensually and in default that interpellant be authorised to commence proceedings against the said Kimberly Daine.

Deputy Curators for the absent Kimberly Daine, address not known.

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 Hon. Anthony Ellul  BA, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals