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Court Notices published in Govt. Gazette No. 20,592 of 18th March 2021

Date Icon 18/03/2021

Notice 382

382

By a decree of the Court of Magistrates (Malta) of the 8th October 2020, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap 12).

Micro Technology Consultancy Limited (C 27413) of Micro Technology, Triq Frans Sammut, Żebbuġ (Malta) ZBG 1904, filed a Claim on the 30th September 2020, whereby they asked the Court to condemn Paragon Limited (C 34186) of 295B, Constitution Street, Mosta MST 9054, to pay the plaintiff company the sum of €12,738.26 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Application Number 185/2020) is to be heard before Magistrate Dr Victor G Axiak LL.D.

Notification: Paragon Limited – 295B, Constitution Street, Mosta MST 9054.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

12 Marzu 2021

Notice 383

383

It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 26th November 2020, in the records of the judicial letter number 3586/2019, in the names Jake Callus vs Mapfre Middlesea plc et, ordered the following publication for the purpose of effecting service on the defendant Ryan Buhagiar, in terms of Article 187(3) of Chapter 12.

In the First Hall of the Civil Court

To 1.  Mapfre Middlesea plc

2. Ryan Buhagiar (ID 242387M) of Portomaso, 2542, Vjal Portomaso, San Ġiljan

By means of a judicial letter Jake Callus of 56, Blue Castle, Flat 1, Triq tal-Mentna, Mqabba (ID 455498M), whilst reference is made to the car accident that occured on the 15th August 2019 in Triq il-Konvoj ta' Santa Marija, Mqabba were you Ryan Buhagiar was driving the vehicle owned by you with registration number RB 610 and was involved in the traffic accident with the vehicle with registration number HBW 405, property of the interpellant and driven by him, which accident occured solely because of your default, negligence, lack of skill and and lack of observation of the traffic regulations on your part, the interpellant is soliciting you so that withing five (5) days from today you come forward for the liquidation and payment of damages suffered by the interpellant because of this accident.

In default the interpellant will be constrained to proceed against you without further notice.

This present is being notified to you for the effects and purposes of law in terms amongst Article 889 of Chapter 12 of the Laws of Malta, Chapter 16 and Chapter 104 of the Laws of Malta.

So much so that you may know how to proceed and regulate yourselves.

With costs.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

12 Marzu 2021

Notice 384

384

By means of a decree given, by the Civil Court First Hall, on the 14th December 2020, by this Court (MH) in the records of the Sworn Application, in the names Jamie Schembri vs Lara Investments Ltd, Sworn Application Number 942/20 MH, the following publication was ordered for the purpose of service of the defendant company Lara Investments Ltd, in terms of Article 187(3) et. seq. of Cap. 12.

By means of Sworn Application, filed, in the First Hall Civil Court, in the names Jamie Schembri (ID 202874M) vs Lara Investments Limited (C 2-4441) on the 19th October 2020, the applicant Jamie Schembri (ID 202874M) asked this Honourable Court,

1. To condemn the respondent company to come forward to the publication of the deed of sale property merit of the preliminary agreements between the parties in the records of Notary Maria Spiteri, of the 31st August 2020, according to the terms and with the pacts therein mentioned, and subisidiarily if that demanded in the first and second demand is not possible,

3. declare the respondent responsible for the damages suffered by the applicant and payment of the same and with costs.

The Sworn Application in the names Jamie Schembri vs Lara Investment Limited, Application Number 942/20 MH, has been put off for hearing to the 23rd April 2021, at 12.30pm.

Notify: Lara Investments Ltd, Lara Buildings, Triq Giuseppi Cali, Iklin.

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

15 Marzu 2021

Notice 385

385

By decree of the 12th March, 2021 following a judgement given by the Civil Court, First Hall on the 26th November,2020 on the application number 889/18 given by the Honourable Judge Francesco Depasquale  in the names of Agius Robert Anthony (ID258389M) Vs Callus Kirsty (ID358992M), Tuesday, 25th May, 2021 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, Nearby the Courts Archives, Level -1, Courts of Justice, Republic Street, Valletta, of the following property.

Tenement internally marked with number nine (9) entrance letter 'C', forming part of Binja l-Imsierah, in Triq tal-Balal, San Gwann, situated on the fourth floor, including the undived share of the common area and the roof and valued at circa of two hundred thousand euro (€200,000)

The said tenement is the property of Agius Robert Anthony (ID258389M) u Callus Kirsty (ID358992M) as per quotes indicated on the judgement given by the Hon. Judge Francesco Depasquale on the 26th November, 2020 in the names of Agius Robert Anthony (ID258389M) Vs Callus Kirsty (ID358992M) in application number 889/18

N.B. The said tenement will be sold as described in the acts of judicial sales number 51/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

15 Marzu 2021

Notice 386

386

By decree given by the Civil Court, First Hall, on the 10th March, 2021,  on the application of Grenke Renting Limited (C57282), Thursday, 3rd June, 2021 at half past ten in the morning (10:30 a.m.), has been fixed for the Sale by Auction,  to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Republic Street, Valletta of the following property.

Tenement in shell form, without name and without number at ground floor level, in Triq it-Trill, Qawra, limits of Saint Paul's Bay, overlying and underlying third party property. The tenement was approved as guesthouse with a shop on the front area although currently not in use, bounded from the North East by the said street, from the South East by Triq it-Tamar and from the North West by property of brothers Agius, otherwise free and unencumbered, with all its rights and appurtenances and valued at eight hundred and ninety thousand euro (€890,000)

The said tenement is the property of Portelli Joseph (ID536861M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 29/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

15 Marzu 2021

Notice 387

387

It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 9th February 2021, in the records of the judicial letter number 3521/2020, in the names  Dr Phyllis Aquilina noe vs Mark Cutajar, ordered the following publication for the purpose of effecting service on the respondent Mark Cutajar, in terms of Article 187(3) of Chapter 12.

In the First Hall of the Civil Court

To Mark Cutajar – Flat 1, Bella Apartments, Labour Avenue, Naxxar NXR 9021.

By means of this judicial letter, Advocate Doctor Phyllis Aquilina (ID 282580M) in her capacity as curator of the interdicted Maria Bellia (ID 338633M) and the children of the same Maria Bellia, notably Noel Bellia (ID 16970M), Abram Bellia (ID 425867M), Sarah Abela (ID 328566M) and Rakela Pirotta (ID 405171M) solicits you so that within one week from the date of this letter you come forward for the liquidation and payment of all damages you have caused to the interpellant's property that is the house, Maria Vittorja, Triq il-Parrocca, Naxxar, as a result of the demolition, excavation, digging and development works that you have carried out and which you are still doing in the adjacent site in the same road, which damages are to make good for all the structural damages which have resulted and with which you have been very clearly informed before today.

In default, the interpellant will have no alternative but to proceed against you according to law.

So much so that you may know how to proceed.

With costs and interest.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

16 Marzu 2021

Notice 388

388

By decree given by the Civil Court on the First Hall, on 25th January 2021 on the application of Guido Grima ID383460M et, Tuesday, 20 April, 2021 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 nearby the archives Level -1 Courts of Justice Republic Street, Belt Valletta of the following property.

Maisonette named “Rose House" with the garage annexxed to it, without officially number situated in Triq il-Mimosa, Ħamrun, bounded on the South by Triq il-Mimosa, on the North by property of Agostino Bajada or his successors in title and on West of property of Marianna Gerada or her successors in title as subject to annual and perpetual ground rent of three hundred and twenty six euros and eleven cents (€326.11), otherwise free and unencumbered with all its appurtenances valued at two hundred and five thousand euro (€205,000).

The said tenement is the property of Buontempo Ruben (ID174273M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 3/2020 in the names of Guido Grima et vs Romina Buontempo et.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

16 Marzu 2021

Notice 389

389

ARB/C025/2020 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 15th March, 2021 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Donatella M. Frendo Dimech LL.D.). 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 Attard, Malta on the 28th May, 1964, residing at 345, Yintai, Triq San Pawl, Naxxar and holder of Maltese Identity Card bearing number 297364M.

ISABEL CUTAJAR

AND

GEMINI DESIGNS STUDIOS LIMITED, with Cypriot registration number HE370617 and registered address at Grigori Afxentiou 11 Centro Imperio 0201, Messa Geitonia, Limassol, Cyprus, 4003.

The Court AUTHORIZED that payment due to Arms Ltd in relation to three invoices as mentioned in application submitted to Court and dated 4th February, 2021, is paid from the bank account listed in the name of the accused ALDO CUTAJAR account GEMINI DESIGN STUDIOS ending -322 held at the Bank of Valletta p.l.c.

This variation is being published in terms of  Section 5 (3) of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Josette Demicoli LL.D.), on the 16th August, 2020 which was published in the Government Gazette on the 21st August, 2020, and following the extension of the freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech LL.D.), on the 24th August, 2020 which was published in the Government Gazette on the 27th August, 2020 where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to ALDO CUTAJAR, ISABEL CUTAJAR and GEMINI DESIGNS STUDIOS LIMITED.

Acting Director, Asset Recovery Bureau

16 Marzu 2021

Notice 390

390

ARB/C025/2020 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 15th March, 2021 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Donatella M. Frendo Dimech LL.D.). 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 Attard, Malta on the 28th May, 1964, residing at 345, Yintai, Triq San Pawl, Naxxar and holder of Maltese Identity Card bearing number 297364M.

ISABEL CUTAJAR

AND

GEMINI DESIGNS STUDIOS LIMITED, with Cypriot registration number HE370617 and registered address at Grigori Afxentiou 11 Centro Imperio 0201, Messa Geitonia, Limassol, Cyprus, 4003.

The Court AUTHORIZED that payment due to Articolor di Alessandro Sbragi in the amount of three thousand and one hundred Euro (€3,100.00), is paid from the bank account listed in the name of the accused ALDO CUTAJAR account GEMINI DESIGN STUDIOS ending -322 held at the Bank of Valletta p.l.c.

This variation is being published in terms of  Section 5 (3) of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Josette Demicoli LL.D.), on the 16th August, 2020 which was published in the Government Gazette on the 21st August, 2020, and following the extension of the freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech LL.D.), on the 24th August, 2020 which was published in the Government Gazette on the 27th August, 2020 where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to ALDO CUTAJAR, ISABEL CUTAJAR and GEMINI DESIGNS STUDIOS LIMITED.

Acting Director, Asset Recovery Bureau

16 Marzu 2021

Notice 391

391

By means of a decree given, by the Civil Court ( Family Section) on the 1st February 2021, following an application of Ryan Mercieca (ID 539988M) Sworn application in the names Ryan Mercieca vs Director Public Registry, Application Number 17/12 AL, the following publication was ordered for the purpose of service of the defendants Genesia Mckay, Joanne Mckay, Anthony Mckay and Josephine Gallager, in terms of Article 187(3) et. seq. of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court ( Family Section) in the names Mercieca Ryan (ID 539988M) vs Director Public Registry and by decree of the 7th August 2013, there were called into the cause Carmelina Mercieca, Reno Mercieca, Joseph Mercieca and Mary Giordmaina, Caroline Mckay, Susan Soffrett, Josephine Gallagher, Anthony Mckay, Joslin Gallagher Mckay, Marika Dalli, Stephen Mckay , Joanne Mckay and Genesia Mckay,

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

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

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

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

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

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

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

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

Civil Court ( Family Section)

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

Sworn App. 17/12 AL.

Ryan Mercieca

Vs

Director Public Registry.

The Court,

Saw the application of the 18th February 2020,

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

The Sworn Application Number 17/12 AL, in the names Ryan Merciecavs Director Public Registry, has been put off for hearing to the 24th March 2021 at 9.30am.

Notify: 1) Genesia Mckay,47, Triq San Duminku, Valletta.

2) Joanne Mckay, 47, Triq San Duminku, Valletta.

3) Anthony Mckay, 47, Triq San Duminku, Valletta..

4) Josephine Gallagher, 22, 'Sliem Għalik' Triq il-Falkuniera, Fgura.

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

17 Marzu 2021