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Court Notices published in Govt. Gazette No. 20,668 of 20th July 2021

Date Icon 20/07/2021

Notice 1063

1063

By means of a decree given on the 24th June, 2021, in the records of the judicial letter number 1695/2021, in the names Right Location Property Investment Limited vs Diaeddin Arab, the Rent Regulation Board ordered the following publication in terms of Article 187(3) of Cap. 12 for the purpose of effecting service on the respondent Diaeddin Arab.

In the Rent Regulation Board

To Diaeddin Arab (ID 19450A) of Juno Flats, Door C, Flat 10, Triq Juno, Pembroke

By means of this present Right Location Property Investment Limited (C87172) of Central Business Centre, Level 0, Triq l-Imdina, Ħaż-Żebbuġ, whilst making reference to the lease agreement dated 23 October 2020, regarding the commercial premises with address Unit 1, St George Street, Paceville, solicits you so that with immediate effect and by not later than ten (10) days from the notification of this judicial letter, you pay the total amount of €23,356.12 consisting of the following and namely €13,080 representing the arrears of rent and €10,276.12 representing costs for the consumption of water and electricity, due by you to the interpellant company and this according as results in terms of your obligations assumed by you.

You are warned that in case you remain in defualt and you fail to comply within the aforementioned ten days, the lease in question will be terminted ipso iure and proceedings for your eviction will immediately commence.

This letter is being notified to you without prejuice for the interpellant to claim the payment for damages and also to claim any other amount that may be due by you according to the same lease agreement.

So much so that you will know how to proceed

With costs and with interest till the date of effective payment

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

16 Lulju 2021

Notice 1064

1064

By means of a decree of the 3rd February, 2021, of the Civil Court First Hall in the records of judicial letter number 277/2019, in the names Commissioner for Revenue vs Abdel Karim Ahmad et, the following publication for the purpose of service on the respondents was ordered in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To: Abdel Karim Ahmad (ID 28600L) of 11, Coral, Triq Ras il-Ġebel, Xgħajra

James Mifsud

Unique Construction Ltd (C74909) of Il-Boma, Sqaq il-Mudurbu, Mqabba

   By the present the Commissioner for Revenue of Centre Point Building, Triq Ta' Paris, Birkirkara, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the the amount of €30,346.20 representing the amount due by you as Value Added Tax according to the same Act.

With costs and interest according to the law from the day when the amount de quo is due till the date of effective payment.

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Revenue has against you by means of a notice sent to you.

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you by means of the opportune warrants.

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

With costs

Service: 1) Abdel Karim Ahmad, 11, Coral, Triq Ras il-Ġebel, Xgħajra

2) Unique Construction, Il-Boma, Sqaq il-Mudurbu, Mqabba

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

16 Lulju 2021

Notice 1065

1065

By means of a decree of the 16th June, 2021, of the Civil Court First Hall in the records of judicial letter number 1414/2021, in the names Commissioner for Revenue vs Harshawardhan Hanmant Sabale pro et noe, the following publication for the purpose of service on the respondent pro et noe was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Harshawardhan Hanmant Sabale (ID 0177464A) in your own name and as director for and on behalf of the company Streamcast Limited (C82727)

By the present the Commissioner for Revenue of Block 5, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the the amount of €4,289,077.63 representing the amount due by you pro et noe as Value Added Tax according to the same Act.

With costs and interest according to the Act till the date of effective payment.

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Revenue has against you by means of a notice sent to you.

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you pro et noe by means of the opportune warrants.

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

Service: 1) Harshawardhan Hanmant Sabale, Gemini Crt, Flat 3, Triq l-Arznell, Mellieħa

2) Streamcast Limited, Gemini Crt, Flat 3, Triq l-Arznell, Mellieħa

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

16 Lulju 2021

Notice 1066

1066

By means of a decree of the 10th May, 2021, in the records of the judicial letter number 254/2020, in the names United Acceptances Finance Ltd vs Carlo Stivala, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Carlo Stivala (ID 50778M) of 15, Triq San Tumas, Ħal Safi; and/or 49, Tia, Flat 2, Triq ix-Xogħol, Birżebbuġa, on the 6th February, 2020, United Acceptances Finance Ltd (C360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, refers to twenty (20) bills of exchange from the account number 0305300374 signed and accepted by you, which bills of exchange lapsed but were not paid for, copies of this bill of exchange are annexxed and marked Documents 41 to 60.

The interpellant calls upon so that within two day you pay the sum of €4,731 value of bills of exchange above mentioned, besides legal interest from the date due till the effective payment.

In default of payment the interpellant company informs you that they shall proceed against you without any other notice according to law.

So much so that you may know how to regulate yourself.

You are warned that you have the right to oppose the execution of these bills of exchange by means of an application that has to be done within twenty days from the service of this judicial act and this in terms of Article 253 Cap. 12 of the Laws of Malta.

This judicial act is being made to render executable the bills of exchange in terms of Article 256(2) of Cap. 12 of the Laws of Malta.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

16 Lulju 2021

Notice 1067

1067

By means of a decree of the 26th May, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2411/2020 in the names Automated Revenue Management Services Limited (C46054) pro et noe vs Marlene Sant, the following publication was ordered for the purpose of effecting service on the respondent Marlene Sant in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta)

To Marlene Sant (ID 304376M) of Ocean Drive A, Flat Nru. 5, Triq il-Qawra, Qawra, San Pawl il-Baħar SPB 1904.

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €9,605.96, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to law regarding the utility bills with number 101000022038 regarding the premises with address 95, Mary Bazaar, Triq il-Kappillan Magri, Mellieħa.

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

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

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

16 Lulju 2021

Notice 1068

1068

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 18th June, 2021, following a request by Swiss Life (Liechtenstien) AG it was ordered that deputy curators be chosen to represent the persons mentioned in the counter protest in the acts of the protest number 7/2021 in the names Swiss Life (Liechtenstien) AG vs Novium Opportunity Umbrella SICAV et plc and in the other relative and subsequent acts.

By means of a counter protest number 7/2021 filed in the First Hall of the Civil Courts on the 11th January, 2021, after the judicial protest number 318/2020 in the names Adv Alain Muscat (ID 330087M) as special mandatory to the foreign company Swiss Life (Leichtenstein) AG (FL-0002.121.006-0) vs Novium Opportunity Umbrella SICAV plc (SV76) et, whereby by means of this present counter protest Sandro Bartoli (ID 115072M) reverently exposing:

The counter protest refers to the judicial protest bearing number 318/2020 as well as judicial protest bearing number 338/2018 to which reference is made by Dr Alain Muscat as special mandatary of Swiss Life (Liechtenstein) AG (Swiss Life) and rejects the allegations raised against him as completely unfounded both in fact and at law and this as has already been submitted by the counter protest in his counter-protest with number 442/2018, inter alia for the following reasons:

1. Firstly, Swiss Life attempts to deal with all respondents in an identical manner and makes several generic allegations without, however, specifying the manner in which Sandro Bartoli acted, could have acted, or in any manner participated in behaviour which caused or could have caused damages to Swiss Life. The inference in the judicial protest tghat Bartoli could in any way be held responsible for damages allegedly sustained by Swiss Life, is gratuitous and completely mistaken. For the sake of clarity, Bartoli reiterates that he has always, and in every circumstance, acted and executed his duties and obligations in terms of law, applicable regulations and according to the contract by which he was appointed;

2. Secondly, and without prejudice to the above, the allegations in the judicial protest are insofar as Bartoli is concerned – frivolous and vexatious, because Bartoli had no calculation of the net asset value of the Quality Investments Fund occurred, nor when the decision to suspend the calculation fo the net asset value of the fund was taken, as the decision was taken prior to the time when Bartoli was engaged by the company therefore it is clear that any alleged damages sustained by Swiss Life is not due to any action imputable to Bartoli and damages are not imputable to him.

3. Thirdly, and without prejudice to the above, Bartoli reiterates that he does not have and has never had, any juridical or other relationship with Swiss Life, and therefore, Swiss Life has no right of action or recourse against Bartoli.

Therefore, Bartoli, whislt once again bringing the above to the attention of Swiss Life, formally solicts Swiss Life to immediately desist from making any further unfounded and baseless allegations of the nature contained in the judicial protest and/or similar allegations and holds Swiss Life responsible for any damages he may suffer, whether directly or indirectly, as a result of its illegal and abusive conduct.

With costs and express reservatin of any other rights, remedies and additional defences available.

Sandro Bartoli: Apt 23, Sussex, Triq Tal-Ibraġ, Swieqi SWQ 2034, Malta

Notication:

Novium Opportunity Umbrella SICAV plc, 35, the Penthouse, Triq Salvu Psaila, Birkirkara BKR 9072, Malta

Novium AG, CH-8702, Zollikon, Alte Landstrasse 101, Surich 8702, Switzerland

Paolo Bruckner, 8700 Kusnacht, Tagerhalde 5, Switzerland

Jonathan De Giovanni, Swieqi Residential Complex, Block F, Suite 1, Triq il-Qatta, Swieqi SWQ3064, Malta

Charles Ingham, Valley View, Fl 18, Triq Sir Joseph Carbone, St Julian's, Malta

Mark Meyer, 8103 Unterengstringen, Rainstrasse 9, Switzedrland

Frank Chetcuti Dimech, 5 Aroha Lane, Triq Rudolf, Tas-Sliema SLM 1290, Malta

Mario Praschil, 6811 Gofis, Am Gatter 8, Austria

Joseph Portelli, The Royal Lady, Triq Sant'Antnin, Għajnsielem, Għawdex, Malta

Marise Muscat, 23, Flat 2, Kendall Court, Triq Paul Borg Olivier, Birkirkara BKR 4310, Malta

Michael Cohan, CH-8702 Zollikon, Schwendenhaustrasse 10, Switzerland

Marc Stefan Datwyler, CH-8700 Kusnacht, Eigenheimstrasse 38, Switzerland

Werner Mathys, CH-8124 Maur Puntstrasse 27, Switzerland

Raul Cortes Moreno, CH-8810 Horgen, Suterweg 1, Switzerland

Michele Mugnai, CH 6944 Cureglia, Via Pianello 9, Switzerland

Sandro Perazza, CH-8962 Bergdietikon, Stienackerstrasse 9, Switzerland

Bank of Valletta plc, BOV Centre, Cannon Road, Santa Venera, Malta

MFSA, Triq Notabile, Ħ'Attard BKR3000, Malta

Registrar of Companies, Triq Notabile, Ħ'Attard BKR3000, Malta.

Guido Mizzi, T 6B18, Favray Court, Tigné Point, Midi, Tas-Sliema TP 01, Malta

You are therefore ordered to affix an official copy of these banns 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 these banns, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Miriam Hayman, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

16 Lulju 2021

Notice 1069

1069

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 17th June ,2021, following a request by Advocate Peter Fenech as special mandatory of the foreign company GlaxoSmithKline Consumer Healthcare (UK) IP Limited and the foreign company SmithKline Beecham Limited it was ordered that deputy curators be chosen to represent the absent consignatory Albaidha Trading Company in the records of the sworn application number 336/2021MCH in the names Advocate Peter Fenech as special mandatory of the foreign company GlaxoSmithKline Consumer Healthcare (UK) IP Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a sworn application, filed in the First Hall of the Civil Court, in the names Advocate Peter Fenech as special mandatory of the foreign companies GlaxoSmithKline Consumer Healthcare (UK) IP Limited registered in England and SmithKline Beecham Limited registered in England vs Deputy Curators be chosen to represent the absent consignatory Albaidha Trading Company from Tunisia on the 14th April, 2021, the applicant Advocate Peter Fenech (ID 67468M) as special mandatory of the foreign companies GlaxoSmithKline Consumer Healthcare (UK) IP Limited and SmithKline Beecham Limited requested this Honourable Court to:

Declare that the objects consisting of a number that has yet to be determined of toothpaste on which they have identical trademarks for-or that cannot be recognised in their essential aspect – those of the company Glaxosmithkline Consumer Healthcare (UK) IP Limited regarding trademarks of the European Union (EUTMs) namely (a) the word AQUAFRESH with registration number 001144757 dated 19.04.1999 (Doc. GSK 1); (b) the word AQUAFRESH with registration number 003254364 dated 09.07.2003 (Doc. GSK 2); (c) figurative mark … omissis … with registration number 000654426 dated 14.10.1997 (Doc. GSK 3); (d) figurative mark … omissis … with registration number 002463164 dated 15.11.2001 (Doc. GSK 4) and also those of the company Smithkline Beecham Limited regarding trademarks of the European Union (EUTMs) namely (i) the word GLAXOSMITHKLINE with registration number 001886647 datged 05.10.2000 (Doc. GSK 5); (ii) the word GSK with registration number 001697812 dated 08.06.2000 (Doc. GSK 6); (iii) figurative mark … omissis … with registration number 001958420 dated 16.11.2000 (Doc. GSK 7) which are presently under the authority of the Director General (Customs) after he suspended the release of the container holding number CMAU 6525140 containing the said merchandise, are counterfeit and breach the intellectual property rights of the applicant companies GlaxoSmithKline Consumer Healthcare (UK) IP Limited and SmithKline Beecham Limited England , and this, if necessary, through the experts who are appointed for this purpose;

Order the Director General (Customs) to dispose of the said merchandise not in a commercial manner and such as to avoid any damage being caused to the applicant company or the public consumer, or orders the Director General (Customs) to destroy the said merchandise, in any event without any compensation to, and at the cost of, the respondents;

Order the respondents to bear all the costs in connection with the measures ordered in terms of the second and third request of the applicant, including transport costs of the said merchandise to be stored in Malta before its destruction, of the storage of same, of the tallying procedures as well as of the transport from the location of storage to the place where eventually the goods are going to be destroyed, including as well the costs for the final destruction of these goods.

With costs against the defendants who are from now summoned so that a reference to their oath be made.

Applicant: 36, Triq l-Arċisqof, Valletta VLT 1447

Deputy Curators: Law Courts, Valletta

You are therefore ordered to affix an official copy of these banns 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 these banns, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Grazio Mercieca, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

16 Lulju 2021

Notice 1070

1070

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th June, 2021, Application number 992/2021, by Mariano Bugeja et whereby they requested that it will be declared open in favour of Mariano Bugeja, Carmelo Bugeja, Joseph Bugeja, Emanuel Bugeja, Horace Bugeja, Gaetana Camilleri and Catherine Abela in equal shares between them the Succession of their father Paolo Bugeja, widower of Pawla Bugeja, son of the late Michele Bugeja and Carmela Bugeja nèe Garnesi, born in Żurrieq, Malta, resided in Ħal Luqa, Malta, and died in Ħal Luqa, Malta, on the 22nd September, 2020, aged 87, and who held identity card number 0020033M.

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 Court and Tribunals

16 Lulju 2021

Notice 1071

1071

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th June 2021, Application number 998/2021, by Rosa Spiteri whereby she requested that it will be declared open in favour of Rosa, Loreta, Victor, Saviour, Joseph, Grace wife of Julian Agius and Jane wife of Joseph Piscopo all brothers and sisters Spiteri in equal shares between them the Succession of their brother Michael Angelo Spiteri, bachelor, son of the late Carmel Spiteri and Marija Concetta nèe Seguna, born in Gudja, Malta, resided in Gudja, Malta, and died in Msida, Malta, on the 28th April, 2020, aged 73, and who held identity card number 36147M.

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

16 Lulju 2021

Notice 1072

1072

By means of an application filed in Ċivili Court of Voluntary Jurisdiction Section, on the 21st May, 2021, Application number 826/2021, by Shirley Ann Said, whereby following the application Arthur Agius, widower of Mary Agius, son of Francis Agius and Josephine Agius nèe Cutajar, born in Gudja on the 3rd December, 1943, and residing at St Vincent de Paule, aged 77, and holding identity card number 797843M was Incapacitated by means of a decree given on the 3rd June, 2021, under the conditions therein mentioned.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

16 Lulju 2021

Notice 1073

1073

By means of an application filed in Ċivili Court of Voluntary Jurisdiction Section, on the 12th April, 2021, Application number 544/2021, by Susann Gambin, Stephen Borg, Christopher Borg and Jennifer Camilleri whereby following the application Edwin Borg, widower of Josephine Borg, son of Joseph Borg and Lorenza Borg nèe Azzopardi, born in Vittoriosa on the 19th November, 1938, and residing at Marsaskala, aged 82, and holding identity card number 797338M was Incapacitated by means of a decree given on the 3rd June, 2021, under the conditions therein mentioned.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

16 Lulju 2021

Notice 1074

1074

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th April, 2021, Application number 647/2021, by Helen Borg et whereby they requested that it will be declared open in favour of Helen Borg, wife 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 Sharon Borg, daughter of the decujus the Succession of Anthony Borg, husband of Helen Borg, son of Gerald Borg and Evelina sive Evelyn nèe Spiteri, born in Ħal Qormi, Malta, resided in Msida, Malta, and died in Msida, Malta, on the 19th January, 2021, aged 71, and who held identity card number 0723045M.

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

16 Lulju 2021

Notice 1075

1075

By a decree of the Court of Magistrates (Malta) of the 27th April, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Emilia sive Emily Spiteri (ID 607652M) of 82, Eva, Triq il-Monsinjur Dandria, Msida, filed a Claim on the 16th April 2021, whereby she asked the Court to order Mariano Guarrera (ID 180357A) of 265, Triq Brared, Birkirkara, to pay the plaintiff a sum which does not exceed the competence of this Honourable Court representing the damages suffered by the applicant at her home 82, Eva, Triq il-Monsinjur Dandria, Msida, resulting from works done by the plaintiff in the above property.

With costs

The case (Notice number 96/2021) is to be heard before Magistrate Dr Victor G. Axiak, LLD.

Notification: Mariano Guarrera (ID 180357A), 265, Triq Brared, Birkirkara

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

16 Lulju 2021

Notice 1076

1076

By means of a decree given, by the Civil Court First Hall, on the 22nd December, 2020, and another which was given on the 1st July, 2021, by this Court (TA) in the records of the Sworn Application which is being heard before the same Court above mentioned, Application number 818/2020 TA, in the names Mizzi Dr Henri noe vs Alberto Samuel Chang Rajii, the following publication was ordered for the purpose of service of the respondent Alberto Samuel Chang Rajii, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court First Hall,in the names Dr. Henri Mizzi (ID 143565M) as special mandatary of Carlos Parda Abate (holder of passaport of Chile number F 14699259) who is a liquidator of Alberto Samuel Chang Rajii vs Alberto Samuel Chang Rajii(holder of passport of Chile number 89523109) on the 14th September, 2020, the applicant Dr Henri Mizzi (ID 143565M) as special mandatary of Carlos Parada Abate who is the liquidator of Alberto Samuel Chang Rajii, in terms of Article 826 of Cap. 12 of the Laws of Malta,asked this Honourable Court:

i) To acknowledge te decision given by the Court of Chile dated 23rd May, 2017;

ii) Declare executable the decision given by the Court of Chile dated 23rd May, 2017, and order its execution in Malta, in terms of Article 826 of Cap 12 of the Laws of Malta.

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

The Application number 818/2020 TA, in the names Mizzi Dr Henri noe vs Alberto Samuel Chang Rajii, Application number 818/2020 TA, has been put off for hearing to 23rd September, 2021, at 9.30 a.m.

Notify: Alberto Samuel Chang Rajii, Number 10, Flt 9, Triq it-Torri, Tas-Sliema

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

19 Lulju 2021

Notice 1077

1077

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 11th September, 2019, following a request by Eternity Properties Limited it was ordered that deputy curators be chosen to represent the directus dominus or the sub directus dominus or the successors in title in the acts of the schedule of deposit number 1548/2019 in the names Eternity Properties Limited vs Government of Malta 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 on the 22nd August, 2019, in the names Eternity Properties Limited (C81416) registered in Best Deal Properties of 63, JL Building, Luqa Road, Paola, Malta vs Government of Malta vs deputy curators to represent the directus dominus or the sub directus dominus or the successors in title, the applicant Eternity Properties Limited (C81416) respectfully submitted:

That the applicant company Eternity Properties Limited (C-81416) bought a stretch of land presently forming part of the Property, that is the house with number 78, in Triq id-Dolmen, Marsaskala, Malta, including the attached and interconnection garage with official number 79, and thus forming an integral part, and which portion of land has the measurement of about 4.38sqm and bounds from the North and the South with property of the seller Demicoli and the West with property of the seller Camilleri, with all its rights and pertinenances, which land is being transfered as free and unencumbered, as it is evidently shown in the contract of sale dated 15th February, 2018, in the records of Notary Diane Magro, copy of the contract is being here attached and marked as Doc. A;

A site plan which shows were the land is situated is being attached and marked as Doc. B;

That this portion of land is subject to the annual and perpetual groundrent of Lm0.02 equivalent to €0.05;

That the applicant company wishes to avail itself from the option given to it in terms of Article 1501 of the Civil Code (Chapter 16) and redeem the same groundrent.

That the amount of Lm0.02 equivalent to €0.05 capitalised with the rate of 5% amounts to the total amount of €1.00;

That the applicant company is depositing the amount of €0.05 representing the laudemium due in terms of the conditions of the said groundrent;

That the applicant company is also depositing the amount of €0.25 representing the groundrent arrears for the period of five years.

Thus, the applicant company is humbly calling upon this Honourable Court and under its authority is depositing the total amount of €1.30 to redeem the said groundrent, which amount will be freely withdrawn by the respondents after leaving the relative receipt according to law.

Applicant company: Eternity Properties Limited (C-81416) Best Deal Properties, 63 JL Building, Luqa Road, Paola, Malta

Notification: 1) Government Property Division (Gvern ta' Malta),  Auberge De Bavier, Triq San Bastjan, Valletta

2) Director of Public Registry Evans Building, Triq il-Merkanti, Valletta VLT 2000

3) Registrar of Lands, Casa Bolino, 116, Triq il-Punent, Valletta VLT 2000

Deputy Curators: Law Courts, Valletta

You are therefore ordered to affix an official copy of these banns 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 these banns, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Joanne Vella Cuschieri LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

16 Lulju 2021

Notice 1078

1078

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 20th October, 2020, following a request by Christopher Debrincat et it was ordered that deputy curators be chosen to represent the directus dominus or the sub directus dominus or the successors in title of H.E. Sant Cassia in the acts of the schedule of deposit number 1560/2020 in the names Christopher Debrincat 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 on the 19th October, 2020, in the names Christopher Debrincat, employed, son of Philip and Carmen nèe Formosa born in Tal-Pietà and residing in Iklin (ID 102884M) and Alison Debrincat, daughter of Emanuel Debono and Maria Carmela sive Marlene nèe Mallia born in Tal-Pietà and residing in Iklin (ID 397685M) vs Deputy Curators to represent the directus dominus or the sub directus dominus or the successors in title of H.E. Sant Cassia, the applicants Christopher Debrincat (ID 102884M) and Alison Debrincat (ID 297685M) respectfully submitted:

That the applicants bought and acquired the house with official number 92 and 94 in Triq John Borg, Birkirkara, from Maria Zammit in the records of Notary Dr Joseph Smith La Rosa and dated 1st Augus,t 2017 (copy here attached and marked as Doc. A) which premises are subject to the annual and perpetual groundrent of €19.81 free and unencumbered, with all its rights and pertenences.

A site plan which shows were the property is situated is being attached (Doc. B);

That the applicants wish to avail themselves from the option given to them in terms of Article 1501 of the Civil Code (Chapter 16 of the Laws of Malta) and redeem the same groundrent;

That the amount of €19.81 capitalised with the rate of 5% amounts to the total amount of €396.20;

That the applicants are depositing the amount of €19.81 representing the laudemium due in terms of the conditions of the same groundrent;

That together, the applicants are depositing the amount of €59.42 representing the arrears.

Thus, the applicants are humbly calling upon this Honourable Court and under its authority they are depositing the total amount of €475.44 to redeem this groundrent, which amount, which amount will be freely withdrawn by the respondents after leaving the relative receipt according to law.

Applicants: Christopher and Alison spouses Debrincat, Madonna ta' Lourdes, Triq il-Ħwawar, Iklin

Notification: Director Public Registry, Evans Building Triq il-Merkanti, Valletta VLT 2000

Registrar of Lands – Casa Bolino, 116, Triq il-Punent, Il-Belt Valletta VLT 2000

You are therefore ordered to affix an official copy of these banns 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 these banns, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Grazio Mercieca, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

16 Lulju 2021

Notice 1079

1079

By means of a decree of the 23rd March, 2021, in the records of the judicial letter number 2262/2020, in the names J Zammit Limited vs Noaman Noaman, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Chapter 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Noaman Noaman (ID 64218A) of St Joseph Court, Flat 1 B, Triq C De Brocktorff, Msida, on the 29th October, 2020, J. Zammit Limited (C37945) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, referred to the bills of exchange signed and accepted by you numbered 51 and 60, a copy of which is being attached with this judicial letter, and noted that these bills of exchange had to be paid every 1st day of the month and that is between the 1st October, 2019 and 1st July, 2020, respectively, and you remained in default although time has passed and although you were solicited several times, so it solicits you so that within two (2) days from the notification of this judicial letter you pay the interpellant company the total amount of €1,561.30 representing the value of the said bills of exchange, which bills of exchange were signed by you and you remained in default.

The interpellant company warns you that if you fail to abide with the above the company will proceed for the execution of the said bills of exchange in terms of article 253(e) of Chapter 12 of the Laws of Malta.

For all the effects and purposes of law, you are warned that in terms of article 253(e) of Chapter 12 of the Laws of Malta you have the right so that within twenty (20) days from the notification of this judicial letter you file an application to oppose the execution of the said bill of exchange on the basis that the signature on the bill of exchange is not yours or for grave and valid reasons.

So much so may know how to proceed and regulate yourself

With costs, including of this present against you and with legal interest from the date of expiry of the said bills of exchange till the date of effective payment.

This judicial letter is being sent to render the said bill of exchange executable in terms of Article 256(2) of Chapter 12 of the Laws of Malta.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

16 Lulju 2021

Notice 1080

1080

NOTICEBY THE REGISTRY OF THE CIVIL COURT, FIRST HALL

Whereas Aymen Abdal Hedi Mahouachi filed an application under oath (No 675/21JVC) demanding the Correction of the Act of Public Registry No. 3487/2002 in the Public Registry.

Whosoever 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,

Karen Falzon

For Registrar, Civil Courts and Tribunals

Notice 1081

1081

NOTICE BY THE  REGISTRY OF THE CIVIL COURT, FIRST HALL

Whereas Dr Mario Scerri noe filed an application under oath (No 680/21/JVC) demanding the Correction of the Act of Public Registry of Joseph Azzopardi No. 919/2011 in the Public Registry.

Whosoever 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,

Karen Falzon

For Registrar, Civil Courts and Tribunals

Notice 1082

1082

By means of a decree given, by the Court of Appeal, on the 26th November, 2020, in the records of the Application in the names Alfred Balzan et vs Moussa Yassin et, Application number 121/19 LM, the following publication was ordered for the purpose of service of the respondents Moussa Yassin u Fathie Yassine, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application of Appeal, presented, in the Court of Appeal, in the names Alfred Balzan (ID 0824237M) and Maria Assunta Balzan (ID 0867238M) vs Moussa Yassin (ID 0211003L) and Fathie Yassine (ID 0348802L) Housing Authority ( as amicus curiae) on the 16th Ocober, 2020, the applicants Alfred Balzan (ID 0824237M) and Maria Assunta Balzan (ID 0867238M) respectfully pleaded:

That by means of an application before the Rent Regulation Board, presented, on the 11th June, 2019, the appellants premised and asked,

'That the applicants are the owners of the premises with the name 'Barbara' 40, Triq Indri Calleja, Birkirkara, with the garage annexed with it, which premises was acquired by a contract of the 12th March, 1966,

That by a writing of the 1st August, 1993, the applicants leased the premises in question towards a rent of €209.64, monthly for the period of two years,

That when they leased the premises in question the respondents were not citizens ofMalta and thus did not have the protection of Act XX111 of 1979, which protection was extended to them, after they became citizens of Malta and started to pretend that they can remain in the premises in question of the same Cap. 158 of the Laws of Malta,

That by a judgement of the Rent Regulation Board, of the 13th May, 2019, the demands of the applicants were rejected since once the lease started before the 1st June, 1995, it remained regulated by the special rent laws including Cap. 158 of the Laws of Malta,

That with the coming into force of Act XX111 of 1979, this situation changed radically since the respondents became citizens of Malta and they were given the right to continue living in the premises as long as they are citizens of Malta and use the premiuses as their ordinary residence,

That thus effectively the applicants were dispossesed of the right of use of their property after the term of the lease lapsed,

… omissis …

That in the light of that just premised the applicants by means of an application which was presented before the First Hall Civil Court (Constitutional Jurisdiction) is asking for a declaration that the dispositions of Cap. 158 of the Law of Malta in their regard where they gave the respondents Yassin the right to continue living in the premises in question by title of lease violate her constitutional and conventional rights,

That in the initial stage of the proceedings this Honourable Board is to carry out the means test of the lessees Yassin according to the Regulations regarding the continuance of the Lease (Criteria of the for the Means Test) issued under Articles 1531 F, 1622A of the Civil Code and any regulations which can from time to time substitute them.

Thus the respondents saving any necessary and oportune declaration and for the reasons premised are to state why this Honourable Board should not,

… omissis …

That by way of reply the Housing Authority as amicus curiae stated,

'That the plaintiffs have in the first place to proof their title,

That the Housing Authority was notified in this cause as amicus curiae on the basis of Art t 4 of the Act XXV11 of 2018, thus the Housing Authority has the right to partecipate in the cause,

… omissis …

That on the 16th September, 2020, the Rent Regulation Board, gave a judgement regarding the preliminary plea of the respondents Yassine that the Article 12B of Cap 158 of the Laws f Malta, do not apply to their case,

That the appellants feel aggrieved by this judgement on the preliminary plea since that Article 12 B makes it clear that the increase in rent up to a maximum of 2% of the value of the property on the market applies also interms f Article 5 of Cap 158 of the Laws of Malta to decontrolled premises as the premises in question is,

That the grievances are clear and manifest since Article 12B of Cap 158 subsection 1 provides the following,

… omissis …

That the judgement of the Rent Regulation Board does not make sense since the purpose was to protect the lessees from temporary emphyteutical concession since before 1 st June ,1995, and the lessees of decontrolled premises since before the 1st June, 1995,

That thus once the purpose of the law was to protect the lessees of the decontrolled premises in their premises in terms of Article 5 of Kap 158 of the Laws of Malta, as is the case in question the decision of the Rent Regulation Board goes diametrically against the intenton of the legislator and the protection it wants to give to the lessees like the case in question,

Thus, the appellants are asking for the revocation of the judgement above mentioned of the 16th September, 2020, given by the Rent Regulaion Board which rejects the plea of the respondents Yassin and instead send back the acts before the Rent Regulation Board to continue with the hearing of the cause.

With costs, of both instances against the respondent defendants.

By means of a Notice of hearing of a cause issued by the Court of Appeal on the 26th February, 2021, and whereas the proceedings in writing in the cause before the Court of Appeal, between Alfred Balzan and Maria Assunta Balzan vs Moussa Yassin and Fathie Yassin and the Housing Authority (as amicus curiae) have been closed the Court fixed the hearing of this cause for pleadings to Friday, twelfth (12) of March, 2021, on the 11.00 a.m. and put off to the 2nd June, 2021, at 11.00 a.m. and now put off to the 20th October, 2021, at 9.10 a.m.

Notify: Mossa Yassin and Fathie Yassine, Barbara, 40, Triq Indri Calleja, Birkirkara.

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

26 Frar 2021

Notice 1083

1083

ARB/C051/2021 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 9th July, 2021 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Marse-Anne Farrugia, LLD). Compilation Number 430/2021, in the case:

The Republic of Malta

Versus

STEFAN ELLUL, training, 24 years, son of John and Antonia née Axiaq, born in Tal-Pietà, Malta, on the 14th May, 1997, residing at 120, Seaview Crt, P/H 2, Triq il-Gross, Marsaskala, and holder of Maltese identity card bearing number 193397M.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to STEFAN ELLUL and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by them, in terms of Article 36 of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta.

ORDERED the attachment in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to STEFAN ELLUL and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of Article 5 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.

Any person who acts in contravention of the court order as mentioned in Article 36, Article 5, and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve (12) 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.

Acting Director, Asset Recovery Bureau

19 Lulju 2021

Notice 1084

1084

ARB/C052/2021 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 10th July, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Ian Farrugia LLD). Compilation Number 432/2021, in the case:

The Police

(Inspector Alfredo Mangion)

Versus

ABEL HERNANDEZ VAZQUEZ, unemployed, 32 years, son of Emilio Hernandez and Maria Jose' Vazquez, born in Madrid, Spain on the 27th June, 1989, without a fixed address in Malta and holder of Spanish identity card bearing number 05298877E.

ORDERED the attachment in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to ABEL HERNANDEZ VAZQUEZ and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of Article 5 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.

The Court AUTHORIZED the said accused to receive the amount authorized 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 he is perceiving this money.

Any person who acts in contravention of the court order as mentioned in Article 5 and Article 23A 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.

Acting Director, Asset Recovery Bureau

19 Lulju 2021

Notice 1085

1085

ARB/C053/2021 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 15th July, 2021 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech LLD). Compilation Number 371/2021, in the case:

The Republic of Malta

Versus

REDENT ZAMMIT, unemployed, 48 years, son of Andrew and Lorenza née Galea, born in Pietà, Malta on the 13th August, 1972, residing at 169, St Mary, Triq il-Merħba, Fgura, and holder of Maltese identity card bearing number 348672M.

MARCIA YVETTE ZAMMIT, carer, 46 years, daughter of Nicholas Paul Cassar and Mary Cassar née Grech, born in Footscray, Melbourne Victoria, Australia, on the 16th March, 1975, residing at Otello Mans Blk B, Flat 2, Triq l-Għakrux, Ħaż-Żabbar, and holder of Maltese identity card bearing number 34690M.

CHANTELLE ZAMMIT, works in operations, 22 years, daughter of Redent Zammit and Marcia Yvette Zammit née Cassar, born in Tal-Pietà, Malta, on the 20th July, 1998, residing at 169, St Mary, Triq il-Merħba, Fgura, and holder of Maltese identity card bearing number 262798M.

ANDREW ZAMMIT, pensioner, 74 years, son of Francis and Rita née Goggi, born in Ħal Tarxien, Malta, on the 30th May, 1947, residing at 171, Lorand, Triq il-Merħba, Fgura, and holder of Maltese identity card bearing number 525247M.

AND

MARY ROSE PISCOPO, ground hostess, 38 years, daughter of Alfred Piscopo and Anna Piscopo née Turiglia, born in Tal-Pietà, Malta, on the 27th August, 1982, residing at 63, Annfred, Vjal Sir Paul Boffa, Paola, and holder of Maltese identity card bearing number 473782M.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to REDENT ZAMMIT, MARCIA YVETTE ZAMMIT, CHANTELLE ZAMMIT, ANDREW ZAMMIT and MARY ROSE PISCOPO and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by them, in terms of Article 36 of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta.

ORDERED the attachment in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to REDENT ZAMMIT, MARCIA YVETTE ZAMMIT, CHANTELLE ZAMMIT, ANDREW ZAMMIT and MARY ROSE PISCOPO and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of Article 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, as made applicable by Article 23A (2) of the Criminal Code, Chapter 9 of the Laws of Malta.

The Court AUTHORIZED the said accused to receive the amount authorized by law that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year or six hundred euro (€600) every fifteen (15) days, where their means permit; provided that the Court shall determine what moneys may be paid or received by the accused during the existence of this order, including the source, method and other modalities of payments including salary, wages, pension and/or social security benefits following a request by the accused himself.

Any person who acts in contravention of the court order as mentioned in Article 36 and Article 5 referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve (12) 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.

Acting Director, Asset Recovery Bureau

19 Lulju 2021