Court Notices published in Govt. Gazette No. 20,775 of 28th January 2022

ARB/C004/2022 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 21st January, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Nadine Lia, LLD). Compilation Number 04/2022, in the case:

The Police

(Inspector Alfredo Mangion)

Versus

WASIM BRGHOL, chef, 39 years, son of Khaled Brghol and Souade Shakir, born in Syria on the 10th July, 1982, and residing at 58, Vjal il-Bon Pastur, Ħal Balzan, and holder of Maltese identity card bearing number 9000444A.

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 WASIM BRGHOL and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 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, provided that every financial entity is ordered to present a note by which it informs the Court in which account, or from which account these moneys are taken or the accused himself may indicate to the Court from which account he is perceiving the moneys indicated.

Any person who acts in contravention of the court order as mentioned in Article 22A 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.

Director, Asset Recovery Bureau

ARB/C005/2022 – TEMPORARY FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 25th January, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Gabriella Vella, LLD). Compilation Number 785/2021, in the case:

The Police

(Inspector Shaun Frigġieri)

Versus

MOHAMED MOUSSA, taxi driver, 35 years, son of Omar Moussa and Mona El Daoud, born in Tyre, Lebanon, on the 18th December, 1986, residing at Mir Court, Flat 9, Triq Toni Wiżżini, Birkirkara and holder of Maltese identity card bearing number 414008L.

ORDERED the temporary attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to MOHAMED MOUSSA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property up to the limit of sixty-five thousand and fifty euro and twenty-one cents (€65,050.21), and this in terms of Article 23A (3) 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 (€13,976.00) per year, after the accused indicates with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Article 23A (3) 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.

Director, Asset Recovery Bureau

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree issued on the 3rd December, 2021, the Court of Magistrates (Gozo), Superior Jurisdiction, Voluntary Section, ordered the publication of the extract reproduced below so that for all purposes and effect of the law serves as notification in accordance with articles 187 (3) and 931 (3) of the Code of Organisation and Civil Procedure.

By order given by the Court of Magistrates (Gozo) Superior Jurisdiction, Voluntary Section, on 3rd December, 2021, in the acts of the Voluntary Application number 124/2021BS Leilane Perez Portelli, holder of identity card number 122401A, to represent the interests of the said Steven Joseph Portelli filed on 22nd November, 2021, in the Court of Magistrates (Gozo) Superior Jurisdiction, Voluntary Section, abovementioned as well as in all relative and subsequent acts.

The applicant respectfully states that:

That she was married to Peter Portelli who passed away on 3rd November, 2020, and this as shown from the death certificate attached herewith and marked Document A;

That through his will of 19th June, 2020, in the records of Notary Paul George Pisani, the same Peter Pisani bequeathed to applicant:

(iv) any balance held by testator at the time of his death in his savings account with Bank of Valletta public limited company (plc);

That the said Peter Portelli instituted as his heirs his children Joanne Rebecca Lorna Clark and Steven Joseph Portelli;

That in order for the applicant to be able to withdraw the money that was bequeathed to her and that is deposited at the Bank of Valletta with the number 124 0150 2014 she needs the signature of both heirs;

That she has already obtained the signature of her husband's daughter namely Joanne Rebecca Lorna Clark, but the other heir Steven Joseph Portelli, as also results from the will, resides in Australia and there is no one in Malta who represents him.

Accordingly, the applicant humbly requests that this Honourable Court and if néed be following all such provisions as it may deem appropriate in accordance with the law:

(i) Appoints a curator to represent the interests of the said Steven Joseph Portelli;

(ii) Authorizes the said curator to sign all documentation necessary for the funds deposited with the Bank of Valletta in account number 124 0150 2014 to be released in favour of the applicant in terms of the same will.

Anyone who has an interest and wants to enter as a curator is hereby summoned to appear within (6) days in this Register, and make a note stating that he accepts to assume such curatorship, and if they do not file such a note within the stipulated time, this Court shall proceed to select a curator of office.

And after you have done this, or if you encounter any obstacles in the execution of this ban, you must immediately inform this Court.

Given by the Court of Magistrates (Gozo) Superior Jurisdiction, Voluntary Section, abovementioned, with the testimony of Dr Brigitte Sultana, LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., Magistrate of the aforesaid Court.

Superior Jurisdiction, Voluntary Section

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

By means of a decree of the 24th November, 2021, of the Rent Regulation Board, in the records of the Application in the names Jean Paul Zammit et vs Carmel sive Charles Degiorgio et,  Application number 660/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Carmel sive Charles Degiorgio 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 Jean Paul Zammit (ID 9467M), Johanna Zammit (ID 249259M), Angela Galea wife of Joseph Galea (ID 77762M) and John Cefai (ID 107548M) vs Carmel sive Charles Degiorgio (ID 354863M) and Housing Authority filed in the Rent Regulation Board, on the 23rd September, 2021, the applicants Jean Paul Zammit (ID 9467M) et requested this Honourable Board why it should not:

1. Declare and decide that the respondent Carmel sive Charles Degiorgio (ID 354863M) is the lessee of the premises 117, Fl. 3, Triq is-Sur, Isla and qualifies as the lessee of a residential House on the basis of this definition, in terms of Article 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021, and thus he is entitled to continue occupying the residential house in terms of Artice 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021;

2. Order that the means test of the respondent Carmel sive Charles Degiorgio (ID 354863M) of 117, Fl. 3, Triq is-Sur, Isla, be carried out which shall be based on the means test set out in the Rules of the Continuation Tenancies (Criteria of the Means Test) issued under Article 1622A of the Civil Code and any regulations which replace them, which test shall be based on the income of the lessee between 1st January and 31st December, 2020, and on the capital of the same lessee on the 31st December, 2020;

3. Declare and decide that in accordance with Act No XXIV of 2021, the rent shall be revised to an amount not exceeding 2% of the free and unencumbered open market value of the premises 117, Fl 3, Triq is-Sur, Isla and to establish new conditions regarding the lease;

4. Order that if the respondent Carmel sive Charles Degiorgio (ID 354863M) does not meet the criteria of income and capital of the means test, the eviction of the same respondent from the premises in question within a short and peremptory time established by this Board and by not later than two years from the 1st June, 2021.

With costs against the respondents who are from now summoned so that a reference to their oath be made and without prejudice to any other action that may eventually be brought.

Applicants: 79, The Orchid, St Francis Street, Ħal Balzan

Respondent: 117, Fl. 3, Triq is-Sur, Isla

Housing Authority

The application in the names Jean Paul Zammit et vs Carmel sive Charles Degiorgio et, Application number 660/2021LC, has been postponed for hearing to the 4th February, 2022, at 10.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 15th December, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 973/2021 in the names Finance House plc vs Aaron Galea the following publication was ordered for the purpose of effecting service on the respondent Aaron Galea in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Aaron Galea (ID 499994M) of Blk B, Flat 18, Triq il-Ħawħa, San Ġwann

By the present Finance House plc (C58869) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, solicits you so that immediately you pay the amount of €1,442.16 besides the legal interest from the due day of each bill of exchange till the effective payment representing 9 bills of exchange each of the value of €160.24, which bill of exchange matured on the 15th day of each month from September 2019 till May 2020 respectively (copies here attached and marked as Doc. A1-A9).

This judicial letter is being made in terms of Articles 253(e) and 256(2) of the Code of Organisation and Civil Procedure and thus the interpellant warns you that if within twenty days from the notification of this judicial letter you do not show to this Court grievous and valid reasons to oppose the execution of this bills of exchange, thus this credit will be rendered executive title and all the executive warrants will be issued against you according to law.

For you to be guided accordingly and to know how to proceed and with costs against you.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the 19th January, 2022, given 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) and 338 (1) of the Code of Organization and Civil Procedure (Cap. 12)

By a Decree of the 27th January, 2020, 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 Organization and Civil Procedure (Cap. 12).

 That by application and a Schedule of set-off filed contemporaneously by Bank of Valletta p.l.c. (C2833) on the 23rd January 2020, the approval of the said judicial acts is being demanded for the amount of €150,000 following judicial sale by auction 74/16 in the names Bank of Valletta plc (C2833) vs John Bugeja (ID 16067M) held under the Authority of the said Court on the 16th January, 2020.

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.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals