Court Notices published in Govt. Gazette No. 20,837 of 14th April 2022

By a decree of the Small Claims Tribunal of the 3rd March, 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).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 11th February, 2021, whereby they asked the Tribunal to condemn Csernik Elena (ID 119885A) of Altona, Flat 3, Triq il-Fortizza tal-Grazzja, Xgħajra, u/jew Les Jumeaux, Flat 1, Triq Salvu Cauchi, Ħal Safi, to pay the plaintiff company the sum of €2034.48, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 43/2021JG) is deferred on the 21st April, 2022, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th February, 2022, of the Rent Regulation Board, in the records of the Application in the names Joseph Cutajar vs Manweli Gauci, Application number 1000/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Manweli Gauci 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 Joseph Cutajar (ID 754461M) vs Manweli Gauci (KI 0076251M) filed before the Rent Regulation Board, on the 9th December, 2021, the applicant Joseph Cutajar (ID 754461M) requested this Honourable Board to:

1. Determines whether the respondent Manweli Gauci qualifies to continue renting the premises number 4, Triq Cagliares, Qrendi, and this through the means test;

2. If he qualifies, he shall establish new conditions and order a revision of the rent up to 2% of the value of the property and order the respondent to pay the applicant the rent established;

3. Or alternatively in the event that the respondent does not meet the criteria for income and capital of the means test, order the eviction of the respondent and for the respondent to pay compensation payable to the to the applicant for the occupation of the premises during that period.

With costs and legal interest against the respondent who is from now summoned so that a reference to his oath be made, and without prejudice for any other remedy due to the applicant.

Applicant: Springvale, Triq il-Madonna tal-Ġilju, Mqabba

Respondent: 4, Triq Cagliares, Qrendi

Housing Authority

The application in the names Joseph Cutajar vs Manweli Gauci, Application number 1000/2021NB, has been postponed for hearing to the 22nd April, 2022, at 10.40 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 30th March, 2022, and upon an application numbered 159/2022, Ordered:

The Director of the Public Registry to affect the correction or annotation in the Act of Birth bearing number 5551/2021, by inserting the second and third names of Sameh Nassar 'Abdelmawgoud Abouelyazid' after the first name 'Sameh' in order to be known as 'Sameh Abdelmawgoud Abouelyazid' wherever it appears, and the surname 'Nasar' in the same Act of Birth and in the relative columns is deleted and substituted with the correct surname 'Nassar'.

Court of Revision of Notarial Acts, today Tuesday, 5th April 2022

DR MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Paul Busuttil (I.D. 372672M) filed an Application Under Oath (number 29/2019JPG) demanding corrections the Act of Birth of Dylan Busuttil number 291/2012 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

Lorraine Dalli

For Registrar, Civil Courts and Tribunals

ARB/C001/2022 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 24th March, 2022, given by the Criminal Court (Hon. Madam Justice Consuelo Scerri Herrera, LLD) in the case:

The Republic of Malta

Versus

LUCY GRIMA, pensioner, 68 years, daughter of the late Carmel Abdilla and the late Joan Abdilla née Briffa, born in Ħal Qormi, Malta, on the 10th November, 1953, residing at 77, San Ġorġ, Triq San Ġorġ, Ħal Qormi, and holder of Maltese identity card bearing number 836453M.

The Court AUTHORISED the accused LUCY GRIMA to withdraw the annual amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) from the bank account listed in the name of the accused ending in -3389 and held at the Bank of Valletta plc.

This variation is being published in terms of Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta and Article 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Ian Farrugia, LLD) on the 13th January, 2022, which was published in the Government Gazette on the 18th January, 2022, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to LUCY GRIMA.

Director, Asset Recovery Bureau

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 Patrice Nafea Homin it was ordered that deputy curators be appointed to represent a David Cremona in the acts of the schedule of deposit number 1446/2021 in the names Patrice Nafea Holmin 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 30th July, 2021, in the names Patrice Nafea Homin, content coordinator, unmarried, daughter of Per Stefan Holmin and Pierina née Alejandro, born in Manila, Philippines, and residing in Gżira (ID 0119286A) vs Deputy Curators to represent David Cremona and/or his successors in title the applicant Patrice Nafea Holmin respectfully submitted:

That by means of a deed of acquisition in the acts of Notary Doctor James Grech dated 13th February, 2017, copy of which contract is here attached and marked as Doc. A, the applicant acquired the property better described in the same deed as:

“The duplex penthouse internally numbered six (6) situated at third and fourth floor levels, forming part of a block of four flats and two penthouses, at number fifteen (15) Triq tal-Kubrit, Gżira. The said penthouse is on the right hand side of the block when looked at from the said street and is currently subject to the annual and perpetual groundrent of Lm3.50 equivalent to €8.15 having in common with the other penthouses and flats in the said block, the main entrance, entrance hall, stairs and lift shaft, and the drains, while the drainage system is in common between the said penthouse and the two underlying flats in the said block and the lift is commonly owned by the premises internally numbered three, four, five and six (3,4,5 and 6) in the said block" (the Premises);

That this premises is shown on the plan here attached and marked as Doc. B.

That the premises are subject to the annual and perpetual groundrent of Lm3.50 equivalent to £8.15 payable to a certain David Cremona, otherwise free and unencumbered with all its rights and pertinences;

That the applicant wishes to avail herself of the option given to her in terms of Article 1501 of Cap. 16 of the Laws of Malta and redeem the same annual and perpetual groundrent of €8.15 in terms of the same law;

That the amount of €54.81 capitalised at the rate of 5% amounts to €163. In addition, one has to add the laudemium and arrears in the amount of €48.90.

Thus, the applicant is humbly requesting this Honourable Court and under its Authority is depositing the total amount of €211.90 representing the price for redemption of the groundrent, arrears and laudemium due as above mentioned, so that it may be freely withdrawn by the respondents according to law after leaving the relative receipt.

Applicant: Patrice Holmin, Penthouse 6, 15, Triq il-Kubrit, Gżira

Respondent: Director Public Registry, 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 Neville Camilleri, BA, LLD, MA (Fin. Serv.), Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By order given by the Civil Court, First Hall, on 21st February, 2022, in the acts of the Sworn Application number 1238/2021CFS, which was filed on 15 September, 2021, in the names Buhagiar Gerald et vs Axisa Mary Anne Et ordered the following publication, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: That there is a danger of water that was caused by negligence, carelessness, incompetence and non-compliance with the regulations by the defendants who failed to take the necessary precautions so as not to allow liquid to leak into the underlying property of the plaintiffs.

The Sworn Application in the above names is adjourned for hearing on 30th May, 2022, at 8.15 a.m.

Notification of Respondents: Mary Anne Axisa, 44 Flat 7, Tigne Mansions, Qui-si-Sana Beach, Tas-Sliema

Edward Axisa, 88 Ashlea, Triq is-Sidra, Swieqi

Johanna Macrae, 25, Triq Dun Filippu Borg, Birkirkara

Karen Axisa, 10, Studio 1, Triq il-Bidnija, Mġarr

CARMEL ABELA, M.SC, IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By order of the Civil Court, First Chamber, on 23 March 2022, in the acts of Sworn Application number 71/2022NC, filed on 28 January, 2022, in the names Abela Roderick vs Mercieca Alexander was ordered the following publication, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: Order the respondent to pay this amount to the applicant.

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

The Sworn Application in the above names is adjourned for hearing on 24th May, 2022, at 9.45 a.m.

Notice to Respondent: Alex Mercieca. 4, Anil, Triq il-Ħawt, Swieqi

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 4th October, 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).

TCB Services Ltd (C79183) of 135/137, Triq Lorenzo Gafà, Mosta, filed a claim on the 27th August, 2021, whereby they asked the Court to condemn CSD Ltd (C36164) of No. 10, Haven Lodge, St George's Juntion, St Julian's, and/or 9A, Medvista, Triq San Marc, Ta' Giorni, St Julian's, to pay the plaintiff company the sum of €8, 212.67, which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice number 242/2021LC) is deferred to the 29th April, 2022, at 10.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Dr Alexander Schembri noe (ID 373282M) filed an application under oath (No. 109/20/JVC) demanding the correction of the Act of Public Registry of Domenica sive Dominica sive Monica Bonanno number 2332/1948 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

By means of a decree given, by the First Hall Civil Court (Constitutional Jurisdiction) on the 13th January, 2022, Constitutional Application in the names Norman Cini et vs the State Advocate, Application number 609/2021AF, the following publication was ordered for the purpose of service of respondent Maria Tabone, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the First Hall Civil Court (Constitutional Jurisdiction) in the names: 1) Norman Cini (ID 46958M), 2) Martin Cini (ID 278453M), 3) Raymond Cini (ID 500556M), 4) Alexandra Bartolo (ID 716460M), 5) Miriam Camilleri (ID 899454M) as siblings Cini and as heirs of the deceased Abraham Cini and Guzeppa née Galea vs The State Advocate and Maria Tabone (ID 232466M), on the 24th September, 2021, the applicant Norman Cini (ID 46958M) et and Miriam Camilleri (ID 899454M) confirmed by her oath and declared:

1.That by means of a contract of the fifth (5) of May, 1983, records of 1983, records Notary Doctor Joseph Cachia Doc. A, the deceased Abraham Cini and namely the applicant's father together with his siblings and mother conceded to a certain Michael Mizzi (ID 590344M) the premises with number 96, situated in Triq Vincenzo Bugeja, Ħamrun, by title of temporary subemphyteusis for the period of twenty one years to run with effect from the first of March of the current year to the party Michael Mizzi and this towards the annual and temporary subgroundrent of (€ 111.81) yearly to run from the 1st March, 1983, payable every six months in advance;

2. That by means of a requisition order number 46708 issued on the 5th July, 1983, the premises in question was requisitioned;

3. That by means of a contract of the 16th April of the year 1984, records Notary Doctor Joseph Saydon, Document C, the subutile temporary dominium of the said premises was sold and transferred to Christina Azzopordi (ID 407553M) by the said Michael Mizzi;

4. That by a contract of the 15th December of the year, 1995, in the records of Notary Doctor Jeannette Laferla Saliba, Document D, the title of temporary subutile dominium of the said property was transferred to the respondent Maria Tabone for the remaining period;

… omissis …

8. That in terms of the emphyteutical concession as regulated by the above mentioned records the temporary emphyteutical concession as regards the property de quo lapsed on the 1st March, 2004;

9. That despite of this the respondent Maria Tabone continued to reside in the premises in question since she is a Maltese citizen and since this was her ordinary residence;

10. That thus effectively the applicants and their predecessors in title were dispossessed of the right of use of their property after the term of the concession lapsed;

13. That this impossibility of the applicant to take back possession of the premises or rather the premises belonging to them according to the provisions of Act XX111 of 1979, is violating their rights of property as protected by the Constitution of Malta and by the European Convention for Human Rights;

16. That consequently in terms of Article 41 of the European Convention once there was a violation of Article 1 of the First Protocol of the European Convention the respondents are to pay a compensation so that there by a just compensation to the applicant for the damage suffered by him,

… omissis …

Thus, the applicants respectfully pray this Honourable Court saving any opportune and necessary declaration and for the reasons premised the respondents are to state why:

1. It should not declare and decide against the applicants that the operations of Article 12 particularly 12(2) of Cap. 158 of the Laws of Malta amended by the act of 1979 and by the operation of the current laws are granting a right of renewal of the lease to the respondent Maria Tabone to the premises with number 96, above mentioned and rendering it impossible to the applicants to take back possession of their property;

2. Consequently declare and decide that there are being violated the applicant's rights to the enjoyment of their property of rather 96, above mentioned in violation of Article 37 of the Constitution of Malta and the First Article of the First Protocol of the European Convention (The First Schedule of Cap. 319 of the Laws of Malta);

3. Declare and decide that the respondent Attorney General is responsible for compensation and damages suffered by the applicant as a consequence of the operations of Act XX111 of 1979 that do not create a just balance between the rights of the owner and of the lessee;

4. Liquidate the same compensation and pecuniary and non-pecuniary damages suffered by the applicant according to law;

5. Condemn the respondent Attorney General to pay the same compensation and damages liquidated according to law and in terms of Article 41 of the European Convention.

With costs according to the respondent from now summoned so that a reference to his evidence be made.

The Application number 609/2021 AF, in the names Norman Cini et vs the State Advocate has been deferred to the 28th April, 2022, at 10.00 a.m.

Notify: Maria Tabone, 96, Triq Vincenzo Bugeja, Ħamrun

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of decrees dated 15th of February, 2022 and 5th April, 2022, given on an application of Arthur Gerada, filed on the 20th of January, 2022, in the records of application number 114/2022 wherein it was ordered the publication of the inventory of the estate of the late Maria Concetta Cilia (ID 0134238M), spinster, daughter of the late Carmelo Cilia and the late Maria Dolores Cilia née Ghio Thake, born at Cospicua, Malta, and died at Msida, Malta, on the 23rd of May, 2021, aged 83.

This publication is going to be held on Thursday the 30th of June, 2022, at four (16.00 p.m.) at 34, St Theresa Street, Cospicua, under the ministry of Notary Rosella Sciberras.

Carmen Scicluna

For the Registrar, Civil Court and Tribunals

By a decree given on 11th April, 2022, 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 22nd December, 2021, by Bank of Valletta plc (C2833) Judicial Sale number 58/2015 in the names Bank of Valletta plc (C2833) vs Maria Dolores Grech (ID 66543M) et is being asked that the Court orders the correction to vary the description in the original application with regards to the garage in the judicial sale, as to the words “otherwise free and unencumbered" as to be cancelled.

The Court ordered the notification of this application to the respondents with four (4) days for filing a reply.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 12th of April, 2022, by The Civil Court (Voluntary Jurisdiction Section) on an Application number 414/2022, filed by Laura Borg, wherein it has been ordered the opening and publication of the secret will of Irene Bugeja, (ID 78267M), spinster, daughter of the late John Bugeja and the late Carmen Bugeja née Palmier, born at Tas-Sliema, Malta, and died at Msida, Malta, on the 4th of December, 2021, aged 54.

The opening and publication are going to be held on Tuesday, 24th of May, 2022, at twenty to nine in the morning (8:40am) at Hall 21, Main Building, The Law Courts, Valletta, under the ministry of Notary Dr Charmaine Bonnici.

Carmen Scicluna

For the Registrar, Civil Courts and Tribunal