Court Notices published in Govt. Gazette No. 20,604 of 8th April 2021
Notice 465
465It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 5th April, 2021, in the records of the judicial letter number 993/2021, in the names Kindred Group plc vs Jani Kristian Tekoniemi et, ordered the following publication for the purpose of effecting service on the respondents Jani Kristian Tekoniemi, Patrik Osteraker, Luzona OY, Bertel Tobias Fagerlund, Lemille Investments Ltd, Relax Holding Limited, Relax Gaming Limited and Relax Tech Services OU, in terms of Article 891 of Cap. 12 and/or Article 2130 of Cap. 16 of the Laws of Malta.
In the First Hall of the Civil Court (Commercial Section)
To Jani Kristian Tekoniemi (Finnish passport number PM0139828),
Patrik Osteraker (Finnish passport number PV0220710)
Luzona OY, a company registered in Finland with number 442608
Bertel Tonias Fagerlund (Swedish passport number 34359743)
Lemille Investments Ltd (C54201)
Relax Holding Limited (C52158)
Relax Gaming Limited (C48994)
Relax Tech Services OU, a company registered in Estonia with number 1221, 4597
By means of this judicial letter, Kindred Group plc (C39017) (Kindred) of Camilleri Preziosi, Level 3, Valletta Buildings, South Street, Valletta, a shareholder in the company Relax Holding Limited (C 52158)(Relax), submits that through registration with the Malta Business Registry (previously known as the Registrar of Companies) of extracts of extraordinary resolutions, which resolutions are said to have been taken by all shareholders of Relax, Kindred became aware of changes made to the Memorandum and Articles of Association of Relax, which changes were made in breach of the relative provisions of the said Memorandum and Articles of Association, the Companies Act (Cap. 386 of the Laws of Malta) and of the agreement entered into by the shareholders of Relax and Relax (the Agreement), which changes are indeed conflicting with that previously agreed to in the said Agreement.
Kindred submits that, contrary to that which is said in the pruported extraordinary resolutions registered with the Malta Business Registry, such changes were not duly executed as required by law and by the terms of the Memorandum and Articles of Association of Relax, since such changes were made without Kindred's knowledge and consent.
In any case, in terms of clause 14.6 of the Agreement, in case of a conflict between the clauses of the said Agreement and clauses of the Memorandum and Articles of Association, the parties to the Agreement are obliged to take all necessary steps to implement the Agreement, including by exercising their right to vote.
Therefore, whilst formally bringing the said breaches to your attention, Kindred is soliciting you to remedy such breaches, to abide by the terms of the said clause 14.6 of the Agreement by immediately taking all necessary steps to remove any conflict presently arising between the Memorandum and Articles of Association of Relax and the Agreement, and to revoke and revert any decisions and/or actions taken which were taken as a result of such changes.
Should you fail to do so, and without prejudice to any other action available to Kindred. Kindred is hereby informing you that it will have to take all necessary steps allowed to it at law to safeguard its position, including through the issuance of precuationary warrants and this without any further notice.
This judicial letter is being sent without prejudice to and without renounicng to any arbitration clauses regulating the resolution of any dispute between us. This judicial letter is also being done to interrupt all prescriptive periods.
With costs
Notifications:
1. Jani Kristian Tekoniemi Pirita Tee 26-71, Tallinn, 10127, Estonia
2. Patrik Osteraker, Vana Kalamja 288/2-10, Tallinn, 10415, Estonia
3. Luzona OY, Kuusiniementie 29A, Helsinki 00340, Finland
4. Bertel Tobias Fagerlund, Grusasgrand 90, Enskededalen 12130, Sweden
5. Lemille Investments Ltd TAB1 House, Triq Carmen Mallia, San Ġwann SGN 2202, Malta
6. Relax Holding Limited Block 6, Floor 4, Paceville Avenue, Paceville, St Julian's STJ 3109, Malta
7. Relax Gaming Limited Block 6, Floor 4, Paceville Avenue, Paceville, St Julian's STJ 3109, Malta.
8. Relax Tech Services OU, Rotermanni tn 8, Tallinn, Harjumaa 10111, Estonia
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 466
466By means of a decree given on the 2nd March, 2021, by the Civil Court (Voluntary Jurisdiction Section) in the Application number 1569/20 filed on the 25th of November, 2020, by John David Briggs and Anthony Philip Botton whereas they prayed this Honourable Court to declare absent and nominate a curator for the absent Daniel David Guiney, son of late John Jack and Brigette née O'Neal, born in Dublin, Ireland on the14th of April, 1942, holder of identity card number 615444M, who has been absent from these islands and no news about him was ever heard, to administer his assets and to take all the necessary orders to safeguard all his property, this Court ordered the issuing of this Notice, in terms of Article 194 et sequitur of Cap. 16.
Whosoever has any news of the existence of the said John Mallia is required to communicate it to the Registrar Civil Courts (Voluntary Jurisdiction Section) for the information of the said Court, within one month from the day of the publication of this second Edict in the Government Gazette.
By order of the Court above mentioned.
Carmen Scicluna
For the Registrar Civil Court and Tribunals