Court Notices published in Govt. Gazette No. 20,622 of 7th May 2021

DKR 82/2004 – Cancellation of a Freezing Order

It is being notified that by a decree dated 27th April, 2021, given by Criminal Court (Madame Justice Dr Consuelo Scerri Herrera, LLD) following an application filed by Gordi Felice on the 19th April, 2021, and following the execution of judgement given by the same Court on the 27th April, 2018, Bill of Indictment number 60/2010, in the case in the names:

The Republic of Malta

Versus

Gordi Felice, 38 years, son of the late George and Josephine née Mifsud, born in Tal-Pietà, Malta, on the 16th May, 1982, residing in number 143, Medina Mans Blk A, Fl 7, Rużar Briffa Street, Mosta, Malta, u holder of Maltese identity card bearing number 289782M.

The Court Ordered the Cancellation of the freezing order of all the assets of the said Gordi Felice, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Mag. Dr Consuelo Scerri Herrera, LLD) by a decree dated 28th November, 2004.

This notice is being published according to section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals

DKR 175/2010 – Cancellation of a Freezing Order

It is being notified that by a decree dated 19th April, 2021 given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Rachel Montebello, LLD) following an application filed by Freddie Delia on the 22nd March, 2021, and following the execution of judgement given by the same Court (Magistrate Dr Miriam Hayman, LLD) on the 28th October, 2014, Compilation number 555/2010, in the case in the names:

The Police

(Inspector Jesmond Borg)

(Superintendent Johann J. Fenech)

Versus

Freddie Delia, 42 years, son of Alfred and Catherine née Camilleri, born in Tal-Pietà, Malta, on the 20th April, 1978, residing at number 10, Triq Spadaro, Ħaż-Żabbar, Malta, and holder of Maltese identity card bearing number 207978M.

The Court Ordered the Cancellation of the freezing order of all the assets of the said Freddie Delia which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Mag. Dr Silvio Meli, LLD) by a decree dated 3rd June, 2010, and published in the Government Gazette of the 11th June, 2010.

This notice is being published according to section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and section 5(6) of Cap. 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 06 April, 2021, on the application of Bank of Valletta p.l.c. (C2833), Thursday, 23rd September, 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.

Apartment situated on the first (1st) floor, internally marked number one (1), forming part of a two block apartment, which block of apartments are officially numbered fifty two (52), named “Ivory", overlying a block of garages on ground floor level belonging to third parties, in Triq Lia, Zabbar, subject to the rate of annual and perpetual ground rent of thirteen Euro and ninety eight cent (€13.98) part of a larger annual and perpetual ground rent of twenty nine Euro and twenty six cent (€29.26), rivisible on the first January, two thousand and forty seven (01.01.2047) otherwise free and unencumbered, with all its rights and appurtenances, including the washroom and the divided roof area, with the right of passage to the other roof area for access purposes only, including the divided share of the areas intended for the common use together with the other owners of the same block, as better described in the contract in the acts of Notary Pierre Cassar dated thirty-first January, two thousand and three (31.01.2003), valued at two hundred and fifty thousand euro (€250,000).

The said tenement is the property of Montebello Carlo (ID38575M) and Montebello Silvana (ID447375M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 27/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal, on the 4th January 2021, in the records of the Application Number 610/15, in the names George Borg vs Bartholomeo Bonett, the following publication was ordered for the purpose of service of the respondents Bartholomeo Bonett and Nadia Bonett, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Court of Appeal, in the names George Borg (ID 349953M) Josianne Borg (ID v357956M) Simon Muscat (ID 570662M) and Angela Bonnici (ID 466268M) and by means of a decree dated 5th November, 2019, the records were transferred in the name of Nicholas Bonnici and Jean Paul Bonnici, following the death of Angela Bonnici, who died during the proceedings vs Bartholomeo Bonett (ID 444966M) and his wife Nadia Bonett (ID 401372M), on the 18th June, 2020, the applicant George Borg, Josianne Borg, Simon Muscat and Nicholas Bonnnici and Jean Paul Bonnici respectfully pleaded:

That by means of the opportune Sworn Application the appellants asked this Honourable Court to proceed to give judgement according to the demand without proceeding to a hearing in terms of Articles 167 to 170 of Cap 12 of the Laws of Malta, b) declare and decide that the respondents are occupying the apartment internally marked (2) forming part and of the block of apartments 'Seagull Court' in Triq San Ġwann Battista, San Pawl il-Baħar, without any right and valid title and order the respondents so that within a short and peremptory period they vacate the said apartment;

That the appellants base their demands on the grounds that a) that the respondents are holdng and occupying the appartment mentioned and this with the pretext that are the owners of the same apartment in terms of the contract of the 5th July, 2006, in the records of Notary Pierre Falzon, b) by means of a judgement of the Honourable Court of Appeal of the 6th February, 2015, in the names George Borg et vs Bartholomeo Bonett et (App 244/2007)it was decided 'The Court thus upholds the appeal of the plaintiff and cancels the judgement appealed, upholds the first demand of the plaintiff by stating that the contract of the 5th July, 2006, is null due to lack of observance of the mandatory provisions of Cap. 55;

The facts in brief are the following,

… omissis …

That by means of a judgement of the Honourable First Hall Civil Court, dated 5th June, 2020, the Honourable First Court, passed on to reject the appellant's demands, reject the first plea of the respondents and uphold the second, third and fourth plea of the respondents in the cause merit of this appeal and condemn the respondents to pay the costs of the cause,

The Grievances of the appellants are clear and manifest and consist n the following,

1. the Second Plea of the appellant (Jus Retentionis)

That in this context it is stated in the first place that the grounds of the present cause are in no way contested, rather on the contrary there is agreement with the respondents as regards the same,

… omissis …

That the prevailing doctrine being establised both that of Giorgi as well as of our jurisprudence one is to apply such doctrine to the relevant facts as they result from the proof in the cause in question,

… omissis …

As results from that just mentioned the Honourable First Court gave great importance to that declared by it and namely that the agreement of the 15th September, 2005, is binding on the appellants in so far as it binds them to transfer to the spouses Bonett, the appartment herein mentioned,

… omissis …

It is true that the Honourable First Court declares so, 'The Court however considers that it is not its duty in the light of this cause of eviction to enter into disputes which are not decided in causes which are still pending between them, but on the other part made decisive declarations regarding the merit of other causes which are pending between the parties and which declaratios are evident to be the basis of the final decision herein appealed,

That with the due respect the exercise which the Honourable First Court had to do in this cause is to establish if from the resuting facts there subsisted the elements requested to justify the plea of Jus Retentionis and not pass to decide the merit of another cause pending between the parties,

… omissis …

That in their note of submissions the appellants contend that ' regarding the first two elements apart from the detention it is also necessary that the detention is legitimate',

… omissis …

Thus as above exposed is agreed too even by the Court of First Instance and thus the fact it is undisputed that the cumulative elements of detention and legitmate detention required in order that the plea of Jus Retentionis succeed are missing, with the consequence that the second plea of the respondent Bonett is to be rejected,

… omissis …

2. The second and Fourth plea of the respondents

3. That in the third place the appellants are contesting the plaintiff's request because it is legally unfounded and this because although Court of Appeal annulled the public contract in question at the same time it put the parties in the same legal position in which they were before the publication of the contract with the same rights and obligations,

… omissis …

That essentially in virtue of that decided by the Honourable First Court when it upheld the third and fourth plea of the respondents it decided the merit of the cause 1024/15,

… omissis …

That with the due respect the third and fourth plea could have have never been upheld as brought forward and thus should have been rejected;

3. Conclusion

That for all the reasons premised in the application it is the humble submission of the appellants that the judgement appealed of the 5th June, 2020, merits to be confirmed in so far as it rejected the first plea of the respondents and be revoked and cancelled in so far as it upheld the second, third and fourth plea of the respondents with the consequence that the demands of the appellants are to be upheld.

With costs of these procedures and those before the Honourable First Court against the respondents.

Notify: Bartholomeo Bonett and Nadia Bonett, Il-Girna, Triq Dun Karm, Birkirkara

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree of the 23rd April, 2021, given by the Courts of Magistrates (Malta), 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 (Cap. 12).

That by the application filed by Automated Revenue Management Services Limited with the registration number C46054 on the 5th January, 2021, is asking for the withdrawal of the amount of sixteen thousand, four hundred and fifty five euro and fifteen cent (€16,455.15) credit due from the debtors deposited by the Schedule of Deposit number 2883/2020 in the names of:

Automated Revenue Management Services Limited (C46054) f'isimha propju u għan-nom tal-Enemalta plc u l-Korporazzjoni għas-Servizzi tal-Ilma vs Borg Vincent (ID  434567M)

The Court ordered the notification of this application to the respondent with two (2) days for filing a reply.

Gaetana Aquilina

For Registrar of Courts and Civil Tribunals

By means of a decree of the 8th March, 2021, of the Rent Regulation Board, in the records of the Application in the names Advocate Dr Peter Borg Costanzi noe vs Raymond D'Alfonso et, Application number 236/2020JD, the following publication was ordered for the purpose of effecting service on the respondents Raymond D'Alfonso and Rose Mary D'Alfonso 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 Advocate Dr Peter Borg Costanzi (ID 247554M) as mandatory of the absentee Amalia sive Amy wife of David Drury (Maltese Income Tax number 885352524) and Mary Ann wife of Simon Formosa (Maltese Income Tax number 885352623) vs Raymond D'Alfonso (ID 397754M) and his wife Rose Mary D'Alfonso (ID 742453M) and Housing Authority as amicus curiae filed before the Rent Regulation Board on the 10th December, 2020, the applicant Dr Peter Borg Costanzi nomine requested with respect:

That by means of a contract in the records of Notary Dr John Gambin of the 15th June, 1993, the respondents D'Alfonso acquired the remaining period of the temporary direct dominium of the apartment 38, letter C, St Mary Flats, Triq Zekka, Valletta, which period expired in the year 2020 (Doc. A);

That following such expiry of the said temporary groundrent the respondents still remained occupying the premises de quo as their ordinary residence as they are Maltese citiziens and at present they pay the rent of €813.54 per year (Doc. B – copy of the last receipt).

That the applicants wish to avail themselves of the option of Article 12(B) of Cap. 158.

Thus, the applicants request this Board to:

1. Effect a means test of the respondents D'Alfonso to establish whether depending on their age they have income or capital more or less than the benchmarks established by law;

2. In case the income and the capital of the respondents D'Alfonso is higher than that established by law, within a short and peremptory time evict the same respondents D'Alfonso and fix a rent that has to start being applied from the 12th December, 2020, till the date of the effective eviction and in case the respondents d'Alfonso do no have income or/and capital that exceed the said benchmarks increase the rent with effect from 12th June, 2021, to the maximum of 2% per year of the free market value of the same property, which increase is revisable according to law.

With costs against the respondents and reserving any right to any other action available to the applicants including those of a constitutional nature, whose respondents are from now summoned so that a reference to their oath be made.

Applicant: 56, Triq Melita, Valletta

Respondent: Raymond and Mary Rose D'Alfonso, 38C, St Mary Flats, Triq Zekka, Valletta

Housing Authority

The application in the names Advocate Dr Peter Borg Costanzi noe vs Raymond D'Alfonso et, Application number 236/2020JD, has been postponed for hearing to the 17th May, 2021, at 9.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 17th February, 2021, of the Rent Regulation Board, in the records of the Application in the names Gaetano Cutajar vs Polly Axiaq, Application number 2/2021CG, the following publication was ordered for the purpose of effecting service on the respondent Polly Axiaq 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 Gaetano Cutajar (ID 371447M) vs Polly Axiaq (ID 436353M) filed before the Rent Regulation Board on the 7th January, 2021, the applicant Gaetano Cutajar (ID 371447M) requested with respect that this Honourable Board:

1. Declares that by her action the respondent without any valid reason and without any prior notice, unilaterally and in breach of the same conditions of the lease, terminated the lease of the premises, that is the groundfloor maisonette with number 97, in Triq iż-Żonqor, in Marsaskala, and this by abondoning the said premises and returning the keys of the same on the 25th October, 2020;

2. Declares that the respondent should pay the total amount of €1600 for the installments of rent of the 26th September, 2020, and that of the 26th October, 2020, of €800 each;

3. Declares that the respondent should pay the total amount of €60 with respect of electricity and water desposit of the 26th September, 2020, and the 26th October, 2020, of €30 each;

4. Declare that the respondent should pay for the electricity and water consumption for the period between the 26th June, 2020, and the 25th October, 2020;

5. Declare that due to the action of the respondent, the applicant has the right to keep the aforesaid deposit of €800 and this in terms of the conditions of the same lease;

6. Order the respondent to pay the total amount of €1600 in respect of the installments of lease of the 26th September, 2020, and that of the 26th October, 2020, of €800 each;

7. Condemn the respondent to pay the total amount of €60 with respect of water and electricity of the 26th September, 2020, and 26th October, 2020, of €30 each;

8. Order the respondent to pay for electricity and water consumption for the period between 26th June, 2020, and 25th October, 2020, and that from the said bills relating to such consumption, any deposit already paid should be deducting including the amount referred to in the previous demand, once that is paid.

With costs and interest against the respondent who is from now summoned so that a reference to her oath be made.

Applicant: 97, Triq iż-Żonqor, Marsaskala

Respondent: C Sarè Marble Works, flat 1, Paola Hill, Paola

The application in the names Gaetano Cutajar vs Polly Axiaq Application number 2/2021CG, has been postponed for hearing to the 13th May, 2021, at 11.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

IT is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the 29th of April, 2021 (Decree number: 44/2021BS following application number 108/2020(BS) Eileen K. Cassar, pensioner, divorced from Anthony Cassar, daughter of Sydney Joseph Hutchings and Alice Louise Davison, born in United Kingdom, and resides in the residential home Downtown in Rabat, Gozo, holder of identity card number 25667A has been confirmed Interdicted from all acts of civil life.

Mark Anthony Cassar, retired, divorced, son of Anthony Cassar and Eileen K. Cassar, born in the United States of America and resides in Rabat, Gozo, holder of identity card number 450687M, has been nominated as her curator, by virtue of the said decree.

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall, on 3rd May, 2021, on the application of Mirage Holdings Limited (C6808), Wednesday, 16th June, 2021, at half past ten in the morning (10.30 a.m.) has been fixed for the Sale by Auction, to be held at number seventeen (17), Triq id-Dejqa, Valletta, of the following items seized from the property of Raymond Brincau:

Microwave of the make Whirlpool black in colour, fireplace, LCD of the make Q Bell, gas heater of the make Wintermate, washing machine of the make Vexa, wardrobe white in colour with three doors and chest of drawers with four drawers white in colour.

N.B. The said objects will be sold as described in the acts of judicial sale number 4/2020.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on 3rd May, 2021, on the application of J Zammit Limited (C37945), Wednesday, 9th June, 2021, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction to be held at Garage number twenty nine (29), Triq tal-Ħlas, Ħaż-Żebbuġ, of the following items seized from the property of Nazzareno Grech (ID684650M) and Mary Anne Gauci (ID59358M).

Vehicle of the make Mercedenz Benz Saloon blueblack in colour with the registration number POQ 992 and chassis number 2021212F112855.

N.B. The said vehicle will be sold as described in the acts of Judicial Sales file number 17/20.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals