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Court Notices published in Govt. Gazette no 20,708 of 28th September 2021

Date Icon 28/09/2021

Warrant of Prohibitory Injunction

1428

By means of a decree given, by the Civil Court First Hall, on the 3rd June, 2021, in the records of the Warrant of Prohibitory Injunction in the names Marlene Aquilina vs Charter Properties Limited, Application number 726/21 AF, the following publication was ordered for the purpose of service of the respondent Charter Properties Limited, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented in the First Hall Civil Court, in the names (Applicant) Marlene Aquilina (ID 251481M) vs Charter Properties Limited (C69311) filed on the 14th May, 2021, the applicant Marlene Aquilina (ID 251481M) respectfully pleaded:

That the interpellant in order to secure her rights wishes to withold the respondent from selling, assigning, transferring both by onerous or gratuitous title the following property;

1. The premises with official number one hundred forty six (146) with the name 'St Mary' in Triq Santa Katerina, Mqabba, as subject to the annual and perpetual groundrent of (€1.14) indicated in the warrant which forms an integral part of the said premises as described in the said warrant,

2. The construction site previously occupied by the premises with official number one hundred and six (106) with the name 'Gojja' previously 'Govell' in Triq Anġlu Gatt, Mosta, bordering and with the rights mentioned in the warrant,

3. The premises with official number hundred (100) and with the name 'Eden' (previously 'St Joseph' in Triq Anġlu Gatt, Mosta, or rather the construction site already occupied by the said premises as described in the warrant,

4. The appartment internally marked number two (2) forming part of a block of apartments without official number and with the name 'Saint Mary Court' in Triq Għajn Mhelehel, Żebbuġ, Gozo, as described in this warrant of prohibitory injunction,

5. The garage situated at groundfloor level or rather 'groundfloor/street level' called 'St Anthony Garage', in Triq Dun Ġwann Zammit Hammet (previously called New Street which abuts in Balzan Valley, Ħal Balzan, subject to the annual and perpetual groundrent of € 53.58, bordering as stated in this warrant;

That by means of a preliminary agreement signed on the 11th August 2017, by Notary Doctor Carmel Gafà, the respondent company bound itself to sell, assign and transfer towards and in favour of the interpellant the property described in the warrant;

That the promise of sale was made towards the price of one hundred and seventy thousand euro (€170,000) from which sum a deposit was paid of (€17,000), which sum is today in the hands of the respondent;

That the same preliminary agreement was extended by means of the private writings mentioned in the warrant;

That notwithstanding the defendant Charter Properties Limited failed to come formard to the formation and publication of the opportune deed of sale;

That keeping in view the situation of the respondent company the interpellant has no other choice but to secure its action so that the respondent company be witheld from selling, transferring or alienating in any manner in favour of third parties the property it has.

Thus, the interpellant respectfully prays this Honourable Court to order the issuing of a Warrant of Prohibitoty Injunction in order that it be withheld from doing the acts above mentioned.

Republic of Malta

To the Court Marshall

Whereas the above application was presented and there recurr all the necessary elements according to law for the undermentioned order,

And after doing this, or if you encounter any difficulty in the execution of this warrant, you are to inform this Court forthwith.

Given by the Civil Court First Hall by the Hon. Madam Justice Anna Felice, LLD.

The Application Warrant of Prohibtory Injunction in the names Marlene Aquilina vs Charter Properties Limited, Application 726/21 AF, has been deferred for hearing to the 19th October, 2021, at 10.00 a.m.

Notify: Charter Properties Ltd, Lara Buildings, Office 3, Triq Giuseppe Calleja, Iklin

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

23 September 2021

Notice 1429

1429

By a decree given on the 13th September, 2021, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

That by an application in the Civil Court, First Hall filed on the 1st of July, 2021, by the Commissioner of Revenue, is asking for the withdrawal of € 6120.63 deposited by the schedule of deposit number 1102/2021 in the names of:

Commissioner of Tax vs Clarence Busuttil (ID 120859M) in his own name and as a director and representative of Bay Catering Limited (C39785)

The Court ordered the notification of this application to the counter party with a four (4) days period to reply.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

23 September 2021

Notice 1430

1430

By means of a decree of the 25th August, 2021, in the records of the protest number 207/2021, in the names Progress Press Company Limited vs Kasco Engineering Company Limited, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service in terms of Article 187(3) et sequitur of Cap. 12 on the respondent Keith Schembri.

In the First Hall of the Civil Court

To Kasco Engineering Company Limited

Keith Schembri (ID 331975M) of Villa Abelia, Santa Maria Gardens, Triq iż-Żebbuġ, Santa Maria Estate, Mellieħa MLH 2720

Alfio Schembri

Malcolm Scerri

Judicial Protest of Progress Press Company Limited (C307).

Submits with respect:

That on the 2nd June, 2008, Progress Press Company Limited ('Progress Press') concluded an agreement with Kasco Technical Services Ltd, today known as Kasco Engineering Company Limited (C34257), ('Kasco Engineering'), in which the three other respondents, Keith Schembri, Alfio Schembri and Malcolm Scerri were, and still are, directors, and this for the purchase and acquisition of machinery and equipment supplied by Global Wed Systems and this towards the agreed price of US$13,588,454.00 which price was to be paid by Progress Press to Kasco Engineering in a number of installments as indicated in the said agreement.

That the signatories to the said agreement were Vincent Buhagiar and Adrian Hillman on behalf of Progress Press who at that time held respectively the position of Chairman and Managing Director of the same Progress Press while Malcolm Scerri and Keith Schembri signed in the name and on behalf of Kasco Engineering;

That this equipment and machinery has been duly delivered and installed at the Progress Press operating site in Mrieħel and the entire price had been duly paid by Progress Press to Kasco Engineering in accordance with the terms and conditions agreed in the said agreement;

That before the agreement with Kasco Engineering was signed, Progress Press had, during 2007, continued a process in order to identify the best equipment and machinery on the market that would meet its commercial and technical requirements at that time, also taking into account the fact that the same Progress Press intended to make a substantial investment in order to develop new offices and commercial site in Mrieħel as it eventually actually did;

This process led to the evaluation of three offers made by third parties, including the one made by Kasco Engineering, during the meeting of the Progress Press board of directors held on the 29th August, 2007, and at which meeting Vincent Buhagiar and Adrian Hillman guided the same board with regard to the three bids until finally all board members (including the respondents themselves) took the decision to accept Kasco Engineering's offer;

That recently and especially since 20th March, 2021, Progress Press has been aware of various investigations and proceedings of a criminal nature which have been instituted against a number of other persons and entities, amongst them against Keith Schembri, Alfio Schembri and Malcolm Scerri;

From the said investigations carried out and those brought forward so far, the indicated price of US$13,588,454.00 for the purchase and acquisition of the said equipment and machinery included a portion of about US$5,000,000.00 which sum had been increased in an entirely abusive, illicit and misleading manner with the consequence that the said amount of about US$5,000,000.00 paid by Progress Press as part of the agreed price for the machinery and equipment indicated was distributed amongst them, and namely amongst Keith Schembri, Malcolm Scerri and Alfio Schembri together with Vincent Buhagiar and Adrian Hillman and with the sole aim of making a personal but illicit and deceptive gain at the expense of none other than Progress Press;

That according to the law and especially article 1051A of the Civil Code (Cap. 16 of the Laws of Malta) the actions of the respondents, or of any one of them, constitutes an act of corruption as it is evident that they offered and effectively, directly or indirectly bribed and gave an undue advantage to the said officers of Progress Press with the ultimate aim of making illicit profits and gains at the expense of and to the considerable detriment of Progress Press;

That consequently Progress Press suffered serious damages as a result of corruption committed by the respondents or any of them and accordingly it is entitled according to law to take action against them in order to obtain compensation for the damage caused to it by the act of corruption;

In addition, it is evident that in the circumstances as described above, the consent of Progress Press for the purchase and acquisition of the equipment and machinery as reflected in the agreement signed with Kasco Engineering on the 2nd June, 2008, was fraudulently obtained by Kasco Engineering and/or its executives and Progress Press reserves all right of action for the rescission of the said agreement, for the full refund of the price paid and any further damages which may result;

That in the light of the premise, Progress Press is forced to protect its interests and is holding the same respondents responsible for all the losses and damages suffered as a result of their corrupt actions.

Accordingly, the applicant company Progress Press Company Limited, whilst formally bringing the aforementioned to the attention of the respondents, it is for all purpose and effects of the law, placing them in dolo, mora and culpa and solicits them to give a full account of the profits and personal gain which they have corruptly received or benefitted from in an illicit, abusive and illegal manner in connection with the acquisition of the aforesaid machinery and at the same time come forward for the liquidation and payment of consequential damages caused by them and in default, it hereby notifies them that further proceedings will be taken against them in accordance to law without further notice.

With costs and legal interest

Applicant Times of Malta, Triq l-Intornjatur, Zone 1, Central Business District, Birkirkara CBD 1050

Respondent: Keith Schembri, Villa Abelia, Santa Maria Gardens, Triq iż-Żebbuġ, Santa Maria Estate, Mellieħa MLH 2720

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                  

24 September 2021

Notice 1431

1431

By means of a decree of the 13th September, 2021, in the records of the judicial letter number 3234/2021, in the names UISL Ltd vs Matthew Attard, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Matthew Attard (ID 0415476M) of Forth Mansions, Blk C, Flat 2, Ix-Xatt ta' Ta' Xbiex, Ta' Xbiex and/or Matnik, Triq Cafcaf, Swieqi

By means of this present, UISL Ltd (C48102) of Valletta Buildings, Floor 1, Number 2, South Street, Valletta VLT 1103, and Doctor Antonello Cappitta (ID 332776M) in his capacity as Director of UISL Ltd, reference is made to the bill of exchange (Doc. A) accepted and signed by you on the 8th June, 2021, for the total amount of €35,000.00 and where the amount was due on the 30th July, 2021, thus the said bill of exchange today expired.

That the interpellant had to resort to this present because the amount was not paid.

That you are being solicted so that within two (2) days from the notification to you of this judicial letter you pay the total amount of €35,000.00 to the interpellant company.

That moreover, in terms of Article 253(e) of Cap. 12 of the Laws of Malta, the interpellant company is also rendering enforceable the above mentioned bill of exchange.

You are advised that you may, in terms of the aforesaid Article, request the competent court to suspend the execution of this bill, in whole or in part, and whether or not subject to a guarantee, by filing an application which must be made within twenty (20) days of the service of this judicial letter on you, this may be done if the signature on the bill of exchange is not yours or that of your mandatory or for other serious and valid reasons to oppose such execution.

So much so that you know how to regulate yourself

With costs including those of the present

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                  

24 September 2021

Notice 1432

1432

By means of a decree of the 13th July 2021 of the Rent Regulation Board, in the records of the Application in the names Doris Attard vs Giovanna Buttiġieg, Application Number 76/2021CG, the following publication was ordered for the purpose of effecting service on the respondent Giovanna Buttigieg 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 Doris Attard (ID 179357M) vs Giovanna Buttigieg filed in the Rent Regulation Board, on the 30th March, 2021, the applicant Doris Attard requested this Honourable Board why it should not:

1. Order the means test of the respondent Giovanna Buttigieg according to the dispositions of Article 12B(3)(iii) of Cap. 158 of the Laws of Malta;

2. Gives those orders that it deems opportune, according to the results of the means test, and that is that if the criteria of the means test are not satisfied, orders immediately the eviction of the respondent from the premises mentioned within a peremptory time established by the same Bord; or

3. If the criteria of the means test are met, orders the continuation of the relative lease with new conditions taking into account the relative circumstances including the disproportionate burden for the applicant while stating and deciding that in terms of Act XXVII of 2018 the rent shall be revised to an amount not exceeding 2% per annum of the free and open market value of the premises with number 200, Triq F. S. Caruana, Birkirkara.

With costs and legal interest against the respondent who is from now summoned so that a reference to her oath be made and without prejudice to any other action that may sometimes be brought.

Applicant: 8, Villa Gates, Triq Carmel Brincat, Birkirkara

 Respondent: Giovanna Buttigieg, 200, Triq F. S. Caruana, Birkirkara

The application in the names Doris Attard vs Giovanna Buttigieg, Application number 76/2021CG, has been postponed for hearing to the 21st October, 2021, at 9.50 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

24 September 2021

Notice 1433

1433

By a decree of the Small Claims Tribunal of the 31st May, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Falzon's Bathrooms and Ceramics Limited (C9432) of Falzon House, Triq il-Ferrovija, Santa Venera, filed a Claim on the 19th May, 2021, whereby they asked the Tribunal to condemn Lara Developments Ltd (C42868) of No. 1, Office 3, Lara Buildings, Triq G. Calleja, Iklin IKL 1262, to pay the plaintiff company the sum of €3854.73, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 145/2021JG) is deferred on the 14th October, 2021, at 12.10 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

24 September 2021

Notice 1434

1434

ARB/C070/2021 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 14th September, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Lara Lanfranco, LLD). Compilation Number 592/2021, in the case:

The Republic of Malta

Versus

JOSEPHINE BALDACCHINO, executive secretary, 48 years, daughter of John Baldacchino and Emily Baldacchino née Galea, born in Ħ'Attard, Malta, on the 22nd April, 1973, residing at 52, Triq il-Midbah, Mosta, and holder of Maltese identity card bearing number 201673M.

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 JOSEPHINE BALDACCHINO 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, Cap. 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 JOSEPHINE BALDACCHINO 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, Cap. 373 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount of 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 she is perceiving this money.

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

23 September 2021

Notice 1435

1435

ARB/C071/2021 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 14th September, 2021 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Lara Lanfranco, LLD). Compilation Number 596/2021, in the case:

The Republic of Malta

Versus

CHARLSTON CASSAR, 29 years, son of Anna Cassar née Cassar, born in Tal-Pietà, Malta, on the 14th February, 1992, residing at 8, Blk 4, Victory Street, Isla, and/or 33, Triq San Rokku, Bormla, and holder of Maltese identity card bearing number 126992M.

REDENT CASSAR, 26 years, son of Anna Cassar née Cassar, born in Tal-Pietà, Malta, on the 30th September, 1994, residing at Blk H, Ent. A, Fl5, Triq Ħal Farruġ, Ħal Luqa and/or Entrance 6, Flat 4, Triq San Mikiel, Bormla, and holder of Maltese identity card bearing number 425194M.

JEROME AZZOPARDI, self-employed, 24 years, son of Patrick Scicluna and Josephine Azzopardi née Azzopardi, born in Tal-Pietà, Malta, on the 9th May, 1997, residing at 60, Fuq Verdala, Bormla, and holder of Maltese identity card bearing number 199797M.

AND

JOSEF MAJRI, 24 years, son of Mohsen Ben Kaddoura Majri and Gizelle Mejri née Schembri, born in Tal-Pietà, Malta, on the 23rd March, 1997, residing at 65, Fuq Verdala, Bormla, and/or 219, Dove's Court, Flat 4, Triq San Anard, Ħal Tarxien, and holder of Maltese identity card bearing number 125797M.

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 CHARLSTON CASSAR, REDENT CASSAR, JEROME AZZOPARDI, and JOSEF MAJRI 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 CHARLSTON CASSAR, REDENT CASSAR, JEROME AZZOPARDI, and JOSEF MAJRI 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 AUTHORISED the said accused to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicate with a note from where they are perceiving this money.

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

23 September 2021

Notice 1436

1436

ARB/C072/2021 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 17th September, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Claire L. Stafrace Zammit, LLD). Compilation Number 608/2021, in the case:

The Republic of Malta

Versus

3CITY DESIGNS LIMITED, incorporated on the 11th April, 2008, with Maltese registration number C44007 and registered address at 2, St John Elemosiner Street, Cospicua.

AND

JOSETTE SCHEMBRI VELLA

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging 3CITY DESIGNS LIMITED 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, Cap. 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 3CITY DESIGNS LIMITED 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, Cap. 373 of the Laws of Malta, and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount of 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 it is perceiving this money.

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

23 September 2021

Notice 1437

1437

ARB/C073/2021 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 22nd September, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Charmaine Galea, LLD). Compilation Number 611/2021, in the case:

The Republic of Malta

Versus

THEODOR DUMITRESCU, driver, 54 years, son of the late Theodor and the late Maria, born in Bucharest, Romania, on the 5th August, 1967, without a fixed address in Malta and holder of Romanian identity card bearing number RK335873.

VASILICA-IONEL HARABAGIU, hairdresser, 39 years, son of Costel and Lilioara, born in Lehliu-Gara Jud. Calarasi, Romania, on the 19th January, 1982, without a fixed address in Malta and holder of Romanian identity card bearing number RX405381.

AND

MARIAN TENESCU, fitter, 40 years, son of the late Mircea Tenescu and the late Ilinca Novac, born in Bucharest, Romania, on the 22nd November, 1980, without a fixed address in Malta and holder of Romanian identity card bearing number IF435862.

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 THEODOR DUMITRESCU, VASILICA-IONEL HARABAGIU, and MARIAN TENESCU 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, Cap. 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 THEODOR DUMITRESCU, VASILICA-IONEL HARABAGIU, and MARIAN TENESCU 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, Cap. 373 of the Laws of Malta, and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, per year, after the accused indicate with a note from where they are perceiving this money.

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

23 September 2021

Notice 1438

1438

By a decree of the Court of Magistrates (Malta) of the 7th May, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Alf Mizzi & Sons (Marketing) Limited (C8692) of Zachary House, Marsa Industrial Estate, Marsa filed a claim on the 8th March, 2021, whereby they asked the Court to condemn Joseph Zammit (ID 153490M) of Karmnu, Flat 1, Triq il-Karmnu, St Julian's, to pay the plaintiff company the sum of €4,285, which amount is due to the plaintiff company.

With costs and legal interests

The case (Application number 82/2021JG) is deferred to the 30th September, 2021, at 12.00 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

27 September 2021

Notice 1439

1439

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 27th August, 2021, Application number 1437/2021, by Maria Farrugia née Buhagiar et whereby they requested that it will be declared open in favour of Maria Farrugia née Buhagiar 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 Rita Farrugia and Josephine Mizzi née Farrugia children of the decujus in equal shares between them the succession of Manuel Farrugia, husband of Maria Farrugia née Buhagiar, son of Guzeppi Farrugia and Michelina Farrugia née Pulis, born in Ħaż-Żabbar, Malta, resided in Ħaż-Żabbar, Malta, and died in Msida, Malta, on the 2nd April, 2021, aged 79, and who held identity card number 594341M.

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

24 September 2021

Notice 1440

1440

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 27th August 2021, Application number 1439/2021, by Maria Brincat et whereby they requested that it will be declared open in favour of Maria Brincat, Michelina Mallia, Ruzarja sive Rosaria sive Rose Darmanin, Grezzja sive Gracie Carabott, Francesca sive Frangeska Portelli, Margherita sive Margaret Zerafa, Francesca Saveria Caruana and Joseph Carabott in equal shares between them the succession of their brother Gio Maria sive John Mary Carabott, bachelor, son of the late Generoso Carabott and Antonia Carabott née Brincat, born in Marsaxlokk, Malta, resided in Marsaxlokk, Malta, and died in Marsaxlokk, Malta, on the 23rd February, 2020, aged 62, and who held identity card number 175758M.

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

24 September 2021

Notice 1441

1441

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 27th August, 2021, Application number 1438/2021, by Abraham Magro et whereby they requested that it will be declared open in favour of Abraham Magro and Angela Magro, parents of the decujus in the quota of one half (1/2) undivided share between them and the remaining one half (1/2) undivided share in favour of Michael Magro, Margaret Debattista and Josef Magro brothers and sisters of the decujus in equal shares between them the succession of George Magro, bachelor, son of Abraham Magro and Angela Magro, born in Tal-Pietà, Malta, resided in Ħal Għaxaq, Malta, and died in Sutton, England, on the 18th November, 2000, aged 25, and who held identity card number 531175M.

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

24 September 2021

Notice 1442

1442

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 9th June 2021, Application number 922/2021 by Joseph Fenech et whereby they requested that it will be declared open in favour of Joseph Fenech, Maria Dolores sive Doris Grixti wife of George, Saviour sive Sunny Fenech and Mary sive Marlene Mifsud wife of Frank in the quota of one fourth (1/4) undivided share each one of them the succession of their father Carmelo Fenech, widower of Josephine née Borg, son of Grazio Fenech and Concetta née Piscopo, born in Ħal Qormi, Malta, resided in Ħal Qormi, Malta, and died in Msida, Malta, on the 29th March, 2021, aged 88, and who held identity card number 206133M.

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

24 September 2021

Notice 1443

1443

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 17th February, 2021, following a request by Peter Baldacchino it was ordered that deputy curators be chosen to represent the unknown owner/s, heir/s in the acts of the schedule of deposit number 193/2021 in the names Peter Baldacchino 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 3rd February 2021, in the names Peter Baldacchino, architect, bachelor, son of John Baldacchino and Maria Dolores née Pace, born in Tal-Pietà and residing in Ħal Għaxaq (ID 523391M) vs Deputy Curators to represent the unknown owner/s or heir/s, the applicant Peter Baldacchino (ID 523391M) respectfully submitted:

That he is the owner of the premises consisting of a house with upper and lower floors with two entrances officially marked as 7 and 9 previously 51 and 52 in Triq Raymond Caruana previously and sometimes known also as Church Square and/or Triq il-Kbira, Gudja, which premises is subject to the annual and perpetual groundrent of €0.38 otherwise free and unencumbered from any other encumbrance or groundrent and free from any hypotech and/or privilege, caution, right and/or real servitude and/or personal in favour of third parties, with its rights and appurtenances as results and as better described in the public deed in the records of Notary Dr Miriam Muscumeci Macelli of the 3rd October, 2018, and a copy of which is hereby attached and marked as Doc. A together with the plan of the same marked as Doc. B;

That the applicant is availing himself of the option given to him in terms of article 1501 of the Civil Code, Cap. 16 of the Laws of Malta and redeem the same groundrent in terms of the same law;

That the amount of €0.38 capitalised at the rate of 5% amounts to €7.60;

That the applicant does not know who the direct owner/s of this groundrent are.

Thus, the applicant in order to exonerate himself from any responsibility is humbly calling upon this Honourable Court and under its authority is depositing the amount of €7.60 the price of redemption of the annual and perpetual groundrent so that this amount can be freely withdrawn by the deputy curators nominated to represent the direct owner/s after leaving the relative receipt according to law.

Applicant: Peter Baldacchino, 49 Siventi, Triq in-Niġem, Ħal Għaxaq

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

Kuraturi deputati, il-Qorti, 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 Miriam Hayman, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

24 September 2021

Notice 1444

1444

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 3rd August 2021, following a request by Andrei Razvan Stefan et it was ordered that deputy curators be chosen to represent the heirs of the late Kathleen Ann Manuell in the acts of the judicial letter number 3149/2021 in the names Andrei Razvan Stefan et vs Deputy Curators and in the other relative and subsequent acts.

By means of a judicial letter filed in the First Hall of the Civil Courts on the 29th July, 2021, Andrei Razvan Stefan (ID 0114393A) and his wife Liudmyla Stetsy (ID 0162778A) of 31 Sundance Court, Flat 3, Triq San Mikiel, Mellieħa, against deputy curators to represent the heirs of the late Kathleen Ann Manuell (ID 0026123A), whereby Andrei Razvan Stefan and Liudmyla Stetsy whilst making reference to the promise of sale agreement dated 18th January 2021 (a copy annexed as Doc A) by virtue of which the late Kathleen Ann Manuell (ID 0026123A) promised to sell, assign and transfer and the interpellants promised to buy and acquire the house 37, Triq Dun Franġisk Sciberras, Mellieħa, which is better described in the above mentioned promise of sale agreement, formally ask you to honour the aforementioned promise of sale agreement and to come forward for the publication of the contract of sale of the aforementioned house, which should be done in accordance with the terms and conditions as agreed in the aforementioned promise of sale agreement.

In default of the above, all available steps as permitted by the law shall be undertaken by the interpellants without further notice. In this regard, the interpellants expressly reserve their rights to pursue all available legal and equitable remedies including, but not limited to any rights for damages and costs.

Be guided accordingly to regularise your position

This letter is requested and is being sent inter alia in terms of Article 1357(2) of Cap. 16 of the Laws of Malta.

With costs

Interpellant: Andrei Razvan Stefan u Liudmyla Stetsyk, 31, Sundance Court, Flat 3, Triq San Mikiel, Mellieħa

Respondents: Deputy Curators

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 Neville Camilleri BA, LLD, MA (Fin. Serv.), Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

24 September 2021

Notice 1445

1445

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 22nd February, 2021, following a request by Mark Farrugia et it was ordered that deputy curators be chosen to represent the heirs of Giuseppe Tabone in the acts of the schedule of deposit number 269/2021 in the names Mark Farrugia 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 13th February 2021, in the names Mark Farrugia, premises officer, son of Joseph Mary Farrugia and Catherine née Lia, born in Tal-Pietà on the 17th October, 1978, together with his wife Rachel Farrugia, accountant, daughter of Victor Zahra and Josephine née Azzopardi, born in Tal-Pietà on the 13th July, 1982, both residing in Ħad-Dingli (ID 6527178M and 412182M respectively) together and in solidum between them vs deputy curators to represent the heirs of Giuseppe Tabone, son of Felice, born in Ħaż-Żabbar previously resided in Ħaż-Żabbar, the applicants Mark Farrugia et respectfully submitted:

That they own the house number 82 previously 75, Triq il-Knisja, Xgħajra, limits of Ħaż-Żabbar, including its airspace and the basement, with all its rights and pertinences, and also the house number 84 previously 77, Triq il-Knisja, Xgħajra, limits of Ħaż-Żabbar, including its airspace and subterrain with all its rights and pertinences, as subject to the annual and perpetual groundrent of €1.68/Lm0.72 equivalent to twenty four shillings, and this as better described in the records of Notary Dr Jean Carl Debono of the 27th July, 2017, Dok. A, as shown on the site plan here attached and marked as Doc, B;

That the site were the immovables mentioned are built had been granted in perpetual emphteusis by Giuseppe Tabone by a deed of Notary Salvatore Cauchi of the 12th February, 1925, Doc. C;

That the applicants wish to avail themselves of the faculty granted to them by article 1501 of the Civil Code and redeem this same groundrent which therefore amounts to €33.60;

That the applicants have no clue who the heirs of Giuseppe Tabone are and thus the owners of the same lease and therefore they are proceeding against deputy curators in order to represent the interest of the same.

Thus the applicants are humbly calling upon this Honourable Court and under its authority are depositing the total amount of €43.68 representing as for €33.60 the price of redemption of groundrent of the site above mentioned, as for €8.40 five years groundrent arrears and as for €1.68 laudemium, so that this amount can be freely withdrawn by the heirs of Giuseppe Tabone after leaving the relative receipt.

Applicants: 67, Marlea, Triq San Pawl tal-Pitkali, Ħad-Dingli

Notification: Director of Public Registry 197, Triq il-Merkanti, Valletta

Kuraturi Deputati, 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 Miriam Hayman, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

24 September 2021

Notice 1446

1446

By means of a decree given, by the Civil Court ( Family Section) on the 6th September, 2021, in the records of the Application number 356/21 AL, in the names Directorate Alternative Care ( Children and Adolescents) within the Foundation for Social Welfare vs Dr Jason Grima noe, the following publication was ordered for the purpose of service in terms of Article 187(3) et sequitur of Cap. 12.

That by means of an Application, filed, in the Civil Court (Family Section) in the names Directorate Alternative Care (Children and Adolescents) within the Foundation for Social Welfare Services vs  Deputy Curators, appointed, to represent the absent Jennifer Mifsud or rather Sarhan (ID 135885M) on the 12th August, 2021, the applicant Directorate Alternative Care (Children and Adolescents) respectfully pleaded:

That together with this application the interpellant directorate is presenting an Application in order to regulate the aspects relative to the minor … omissis … who is residing in alternative care;

That by means of the Application to which the applicant, is referring, filed in the Civil Court (Family Section) in the names Directorate Alternative Care (Children and Adolescents)  within the Foundation for Social Welfare Services vs deputy curators appointed to represent the absent Jennifer Mifsud or rather Sarhan (ID 135885M) on the 12th August, 2021, the applicant Directorate Alternative Care (Children and Adolescents) pleaded;

That by means of an Application filed by the Agency Appoġġ, on the 1st September, 2006, the minor … omissis … was put in alternative care due to reasons of prostitution and instability in the home surroundings;

That on the 29th November, 2018, the Agency Appoġġ, as the entity responsible for the minor at that time, filed an application so that the Court order the reintegration of the minor with her mother Jennifer Mifsud, under the surveillance of the Agency Appoġġ;

That notwithstanding such reintegration did not go as desired and the Agency Appoġġ filed an Application on the 23rd October, 2019, in virtue of which it asked the Court,

to authorise the minor … omissis … to reside in an alternative residence which is licensed or approved to offer alternative care and which enjoys the rust of the Directorate for Alternative Care,and uphold the other demands in the application;

That in virtue of the decree of the 6th September, 2021, above mentioned it was authorised that the Application for the Appointment of Curators, in the application above mentioned so that the said … omissis … start to reside at the alternative residence and be relased from under the authority of the parents of respondent, be published in the Government Gazette and thus the above application is being brought hereunder for this purpose.

Application  fof the Directorate for Alternative Care ( Children and Adolescents)

Respectfully pleads:

That together with the present application, the interpellant Directorate is presenting an application to regulate the aspects relative to the minor … omissis … who is residing in  alternative care;

That the social worked with the interpellant Directorate were informed by the Immigration Section within the Executive  Police Force, that the respondent Ms Jennifer Mifsud or rather Sarhan who is the mother of … omissis …, left Malta on the 29th April, 2021, and did not return back;

That thus so far as the social workers within the interpellant Directorate know the mother of the minor … omissis … is absent from Malta and are not aware of where she is residing at present and they do not know of any friend or relative;

That the interpellants do not know the  address of the respondent Jennifer Mifsud since the same Jennifer Mifsud never tried to make contact with the same Directorate or her minor daughter.

Thus, in view of the above the interpellant Directorate respectfully prays that this Honourable Court appoint deputy curators according to the turn in order to represent Kimberly Mifsud or rather Sarhan in the records of the Application above referred to and in all the relative and subsequent acts in terms of Article 929 of Chapter 12 of the Laws of Malta and this under those provisions that this Honourable Court deems and opportune.

Interpellant: 36, Triq l-Isptar, Tal-Pietà

Spouses Nappa, 18, Mia Fiorella, Triq Dun Giacomino Galea, Naxxar

Jennifer Sarhan, 21, St Maria, St John Street, Fgura

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

27 September 2021

Notice 1447

1447

By a Decree of the 27th September, 2021, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).

 That by application and a Schedule of set-off filed contemporaneously by Catherine Spiteri on the 23rd September, 2021 the approval of the said judicial acts is being demanded for the amount of €224,933.82 following judicial sale by auction 37/20 in the names Catherine Spiteri vs Carmelo Micallef held under the Authority of the said Court on the 16th September, 2021.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

23 September 2021

Notice 1448

1448

By a decree given on the 22nd September, 2021, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12):

By decree given by the Civil Court, First Hall, on the 28th July, 2021 on the application of Bank of Valletta plc (C2833), Thursday, 11th November, 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, Triq ir-Repubblika, Valletta, of the following property:

The tenement number forty four (44) in Alley number eight (8), Triq Biċċieni, Ħaż-Żabbar, consisting of a maisonette, part of which is underlying another maisonette numbered forty five (45), owned by third parties. The said tenement is free and unencumbered, includes its roof and relative airspace and with all its rights and appurtenances, valued at sixty five thousand euro (€65,000).

The said tenement is the property of Scicluna Matthew (ID 233983M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 25/19.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

27 September 2021

Notice 1449

1449

By a decree given on 22nd September, 2021 by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By the application filed in the Civil Court First Hall on the 29th May, 2019, by Bank of Valletta plc (C2833) Judicial Sales number 25/19 in the names Bank of Valletta plc (C2833) vs Matthew Scicluna (ID 233983M) is being asked that the Court orders the sale by auction of the:

Tenement number four forty (44), in Alley number eight (8), Triq Biċċieni, Ħaż-Żabbar, with its roof and its relative airspace, tale quale, free and unencumbered, with unknown boundaries.

The said property belongs to Scicluna Matthew (ID 233983M).

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

27 September 2021