Court Notices published in Govt. Gazette no 20,857 of 13th May 2022

ARB/C040/2020 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 4th May, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature – (Magistrate Dr Marse-Ann Farrugia LLD). Compilation Number 86/2020/3, in the case:

The Police

(Inspector Godwin Scerri)

Versus

HANNAH MARIE LANGDALE, onboarding specialist, 27 years, daughter of Darren Smith and Sarah Smith née Wild, born in the United Kingdom on the 21st October, 1994, residing at Antonin Crt, Fl 2, Triq San Xmun, St Paul's Bay, and holder of Maltese residency permit bearing number 176437A and passport issued from the United Kingdom bearing number 519970906.

The Court AUTHORISED the accused HANNAH MARIE LANGDALE to receive her salary in the amount of one thousand, one hundred sixty-four euro and sixty-eight cents (€1,164.68) in her account ending in -5768 and which is held with Wise Payments Limited.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Marse-Ann Farrugia, LLD), on the 5th October, 2020, which was published in the Government Gazette on the 9th October, 2020, 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 HANNAH MARIE LANGDALE.

Director, Asset Recovery Bureau

ARB/C011/2021 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 28th January, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Caroline Farrugia Frendo, LLD). Compilation Number 110/2021, in the case:

The Republic of Malta

Versus

GEORGE DEGIORGIO;

ADRIAN AGIUS, works in construction, 43 years, son of the late Raymond and Pauline née Zammit, born in Ħ'Attard, Malta, on the 15th June, 1978, residing at 111, Farkas, Triq in-Ninfa Calypso, Mellieħa, and holder of Maltese identity card bearing number 328078M.

ROBERT AGIUS;

AND

JAMIE VELLA;

The Court APPOINTS Mr Antoine Borg to appear on the contract and verify that the Bank of Valletta plc as a creditor of the accused ADRIAN AGIUS is paid in full by the mentioned accused, and that the balance of the proceeds is deposited immediately into a bank account held in the name of the accused which is subject to the freezing order. Mr Antoine Borg must then inform the Court within a week, even by means of a note, once his assigned duties have been fulfilled.

This variation is being published in terms of Article 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Victor G. Axiak, LLD) on the 24th February, 2021, which was published in the Government Gazette on the 5th March, 2021, 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 George Degiorgio, ADRIAN AGIUS, Robert Agius, and Jamie Vella.

Director, Asset Recovery Bureau

ARB/C032/2022 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 10th May, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Elaine Mercieca, LLD). Compilation number 254/2022, in the case:

The Police

(Inspector Justine Grech)

Versus

MELISA DAIANA OYOLA, 28 years, daughter of Raul Esteban and Estrella Mari Garcia, born in Argentina on the 12th January, 1994, without a fixed address in Malta and holder of Argentinian Passport bearing number AAG461375.

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 MELISA DAIANA OYOLA 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, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

Any person who acts in contravention of the court order as mentioned in Article 22A and Article 36 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.

Director, Asset Recovery Bureau

By order of the Civil Court, First Chamber, on 3rd March, 2022, in the acts of Sworn Application No 1126/2021NC, which was filed on 17th November, 2021, in the names of the Commissioner of Inland Revenue vs IC Services Ltd, the following publication was ordered, 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: In terms of sub-articles 9 (6) and (7) of the said Legal Notice, it first orders that a copy of this application together with the documents attached hereto and marked as Doc. A and Doc. B, be notified to the respondent company in accordance with the relevant provisions of Cap. 12 of the Laws of Malta, and secondly to order the registration of the document attached hereto and marked as Doc. A as its official copy, so that such document constitutes executive title.

The Sworn Application in the above names is postponed to 7th July, 2022, at 9.30 a.m.

Notice to Respondent: IC Services Ltd, 5th Floor, Office Block de Tigne, 77, Fawwara Lane, Tas-Sliema SLM 1671

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

Għar-Reġistratur, Qrati Ċivili u Tribunali

By order of the Civil Court, First Aid, Constitutional Seat, on 25th April, 2022, in the acts of Constitutional Application number 68/22AF, which was filed on 3rd February, 2022, in the names Tabone Noel et vs State Attorney et, the following publication was ordered, 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: Provide the applicant with such remedies as it deems appropriate to sanction the applicant's fundamental and constitutional rights as protected by the same Constitution and Convention, including the liquidation of compensation due to the applicant as a result of injury and this by the work of nominated architects if it is the case and condemns the respondents or any of them to pay the compensation thus liquidated. At all costs and by ordering the respondents from now on to submit and subject to any action due to the applicant against the same respondents or by any of them.

The Constitutional Application in the above names is adjourned to 17th May, 2022, at 12.00 p.m.

Notification Notice: Friggieri Maria, 32, Triq is-Suq, Floriana

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 28th April, 2021, in the records of Sworn Application number 321/21TA, filed on 9th April, 2021, in the names Theodoor Teeuwen Tim Marcus vs De Koning Philip Nutte Vincent, the following publication was ordered, 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 defendant to pay the plaintiff the amount thus liquidated. With costs, including legal interest on liquidated amounts.

The Sworn Application in the above names is postponed to 17th May, 2022, at 9.30 a.m.

Notification Notice: Castle Towers, Flat 6, Triq Depiro, Tas-Sliema

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

For the Registrar, Civil Courts and Tribunals

By order of the Court of Appeal of 21 April, 2022, in the records of Appeal No 652/11 in the names Evelyn Montebello et vs AJRP Limited (C9185), the following publication was ordered to serve as a notification of the respondents mentioned below in terms of Article 187(3) et sequitur of Cap. 12.

Following a Sworn Application filed on 6th July, 2011, the respondents filed several claims against AJRP Limited and by a judgment delivered on 25th November, 2021, the Honorable Court of First Instance dismissed all the objections raised by the applicant company AJRP Limited (except for the first preliminary plea which was withdrawn during the hearing of the cause) and upheld all the claims of the respondents,

Whereas the applicant company AJRP Limited felt aggrieved by this judgment and filed an appeal wherein the grounds of appeal are clear and manifest and consist of the following:

The first ground of appeal: the Honourable First Court misjudged the evidence when it concluded that the plaintiffs, or any of them, have the right to use the roof for the purposes of stacking services, maintenance of the same and the hanging of clothes and upheld the plaintiffs' second claim and consequently all other claims;

The second ground of appeal: the Honourable First Court misjudged the evidence when it is ordered that the Appellant company to carry out such works in order to guarantee the exercise of the right of use claimed by the respondents, irrespective of any regulations which may restrict such use;

The third ground of appeal: the Honourable First Court liquidated the damages suffered by the plaintiffs by relying on the recommendation of the Technical Referee it appointed, and at the same time also ordered the restoration of the use of the roof, when it is clear that the liquidation of damages was one of perpetual loss of use;

The fourth ground of appeal: the respondents did not suffer any damages other than that alleged concerning the loss of use of the roof and it follows that the Honourable First Court was also wrong to order that damages should be liquidated and paid;

The fifth ground of appeal and without prejudice to the above, the period of six (6) months granted to the applicant company to carry out the structural work ordered by the Honourable Court of First Instance is clearly too short to first obtain the necessary permits and subsequently carry out such work correctly and effectively and if it were admitted that the works ordered are to be carried out, the same judgment has placed the appellant company in a state of impossibility to execute the same without violating Planning Laws.

Therefore, and for the above reasons, the applicant company humbly requests this Honourable Court annulls and revokes the judgment of 25 November 2021 delivered by the Honourable First Hall of the Civil Court, in the premised names by rejecting the plaintiff's claims in their entirety and subject to such other provisions as the Court of Appeal may deem fit and with costs and with reservation of all rights due to the exponent company.

Notification:

1) Louise Anne Cachia, Huntington Court, Flat 12, Triq Alfred Gauci, St Julian's

2) Christine Ghersci, 10, Triq Rudolfu, Tas-Sliema

3) Walsh's Limited (C76), Walsh's Limited, 16, High Street, Tas-Sliema

4) Dr Joseph Grech - 63, Triq Għar Qawqla Marsalforn/Żebbuġ, Gozo

5) Paul Abela, 243, Triq ta' Taħt l-Irdum, Mellieħa

6) Georgina Abela, 243, Triq ta' Taħt l-Irdum, Mellieħa

7) Lawrence Bonnici, San Pawl, Triq it-Tomna, Swieqi

8) Rita Gauci, 175, Tina, Triq il-Qantar, Swieqi

9) Elizabeth Muscat, The Managers, F/H Tal-Bajada, Tal-Fawwara, Limits of Swieqi

Dr F. Bondin, LLD, M. Jur.

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 5th May, 2022, and upon an application numbered 335/2022, Ordered:

The corrections in the relative columns in the Act of Marriage bearing the number 1098/2012 so that wherever the surname 'Parascandolo' appears including the surname of the married wife, is to be deleted and substituted by the corrected surname 'Parascandalo'.

Court of Revision of Notarial Acts

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

Deputy Registrar Court of Revision of Notarial Acts

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 5th May, 2022, and upon an application numbered 334/2022, Ordered:

The corrections in the relative columns in the Act of Birth bearing the number 3112/2014 and the Act of Birth bearing the number 3695/2016 so that wherever the surname 'Parascandolo' appears, is to be deleted and substituted by the corrected surname 'Parascandalo'.

Court of Revision of Notarial Acts

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

Deputy Registrar Court of Revision of Notarial Acts

By means of a decree delivered by the Court of Appeal (Inferior Jurisdiction), on 19th January, 2022, in the records of the Appeal Application number 39/2021, in the names Louie Camilleri vs The Planning Authority et, the following publication was ordered to serve as a notice on the respondents mentioned below in terms of Article 187(3) et sequitur of Cap. 12.

The exponent now appellant had submitted a development proposal number PA 1732/20 for a proposed extension to outdoor catering area Class 4D on public open space comprising of tables and chairs, before the Planning Authority. By decision of 24 July 2020, the Authority rejected the proposal, and the applicant lodged an appeal with the Environment and Planning Review Tribunal, which was decided on 30th September, 2021.

The plaintiff felt aggrieved by this decision, and is thus submitting this appeal.

The appellant's main ground of appeal is that the Tribunal did not take due account of the effect of the commitment element in determining the application in virtue of power given by the law to such elements in Section 72(2) of Cap. 552, and the relevance of other permits in the vicinity.

Therefore, the exponent humbly requests this Honourable Court to revoke the decision of the Environment and Planning Review Tribunal given in the names premised on 30th September, 2021, uphold the proposal for the permit, or send back the records of the proceedings to the Tribunal for the appeal to be decided as directed by this Honourable Court, or give any other order or direction – with costs against the Planning Authority, the respondent.

Appeal Application No. 39/2021 in the names Louie Camilleri vs The Planning Authority et, is adjourned for hearing on 1st June, 2022, at 8.45 a.m.

Notify Respondents:

1) L-Awtorità tal-Ippjanar, St Francis Ravelin, Floriana

2) Dr Albert Buttigieg, Kunsill Lokal San Ġiljan, Triq Forest, St Julian's

3) Rena Mifsud, 99, The Penthouse, Santa Teresa Court, Triq Spinola, St Julian's

4) Saviour Grech, 99, Flat 3, Santa Teresa Court, Triq Spinola, St Julian's

5) Victor Bonnici, 105, Spinola Point, Flat 2, Triq Spinola, St Julian's

6) Alexandra Bonnici, 105, Spinola Point, Flat 2, Triq Spinola , St Julian's

7) Etienne Borg Cardona, 24, Mistral, Triq Esprit Barthet, Madliena

8) Elizabeth Borg Cardona, 24, Mistral, Triq Esprit Barthet, Madliena

9) Michael Debono, Michael Debono Limited, Triq l-Imdina, Ħaż-Żebbuġ

10) Paul Masters, 102, Triq Spinola, St Julian's

11) Natascha McQueen, 106, Spinola Point, Flat 8, Triq Spinola, St Julian's

12) Din l-Art Ħelwa, 133, Triq Melita, Valletta

Dr F. Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal, on the 25th May, 2021, in the records of the Application in the names Joanna Hili vs John Martin et, Application number 373/08, the following publication was ordered for the purpose of service of Lee Martin, John Martin and Emanuel Theuma, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Appeal Application by Derek Lee D'Amato (ID 518380 M) wherein he stated with reverence that by a judgment dated 12th January, 2021, the first Honourable Court: i) upheld the plea of prescription filed by respondents Jurgen Debattista and Lee Martin in terms of section 2154 of the Civil Code; ii) dismissed the defendant's pleas and the other joined in suit in so far as they are incompatible with that judgment; and iii) upheld the first claim, by declaring that the respondents, John Martin and Derek Lee D'Amato, and the joined in suit Emanuel Theuma, through their actions caused the plaintiff permanent personal and psychological damage; iv) upheld the second claim for damages suffered by the plaintiff, in the sum of €32,656.51; v) upheld the third claim by condemning the defendants John Martin and Derek Lee D'Amato and the joined in suit Emanuel Theuma jointly and severally between them to pay the sum so liquidated. With interest from the date of the judgment until the date of effective payment and at the expense of the defendants John Martin and Derek Lee D'Amato and the joined in suit Emanuel Theuma including, in the circumstances, those of the other called in suit Jurgen Debattista and Lee Martin.

Whereas the applicant feels aggrieved by the decision just mentioned, and is hereby presenting this humble appeal to this Honourable Court from this decision of the 12th January, 2021, with the following grievances:

1. Prescription and solidarity

… omissis …

2. The grade of responsibility of the appellant Derek Lee D'Amato

… omissis …

3. The Contribution of the plaintiff

… omissis …

4. The moral damages

… omissis …

5. The meaning of the Criminal Judgement in regard to the parties in this cause

Whereas the Honourable First Court stated that once there had been an admission of guilt in the criminal proceedings, this was the main proof required and this served to make it virtually impossible for the exponent to challenge his civil liability.

Therefore, for the above reasons, the plaintiff is humbly presenting this appeal from the judgment of the First Hall of the Civil Court in the names Joanna Hili vs. John Martin and Derek Lee D'Amato dated 12 January 2021 before this Honourable Court and respectfully requests it to annul and revoke the said judgment, upholding the appellant defendant's pleas and consequently dismissing the claims of the appealed plaintiff. With costs of both instances against the appealed plaintiff.

The Application in the names Joanna Hili and John Martin et, Application number 373/08, has been deferred for hearing to the 22nd June, 2022, at 8.15 a.m.

Notify:

Joanna Hili, 39, Triq Giovanni Barbara, Ħamrun

John Martin, 18, Triq il-Parroċċa, Santa Venera

Lee Martin, 158, Shamrock, Flat 2, Triq il-Kanun,

Santa Venera

Emanuel Theuma, 15, Trejqet Sant'Anna, Ħamrun

Jurgen Debattista, 188, Cannon Road, Santa Venera

Dr F. Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By order of the Civil Court, First Chamber, on 29th April, 2022, in the records of Sworn Application No 382/2021MH, filed on 23 April 2021, in the names Ramel u Żrar Ltd Vs Mixer Ltd gia Planka Ltd Et, the following publication was ordered, 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: Pursuant to Article 259 (4) of Cap. 12, it authorises it to execute the above-mentioned executive title under such provisions as it deems appropriate and opportune.

The Sworn Application in the above names is postponed to 1stJune, 2022, at 9.00 a.m.

Notice to Respondent: Dalli Sebastian, 16, Papillon, Triq l-20 ta' Jannar, Ħal Qormi

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

For the Registrar, Civil Courts and Tribunals

By order given by the Civil Court, First Chamber, on 6th May, 2022, in the acts of the Sworn Application number 1169/2020GM, which was filed on 4th December, 2020, in the names Grixti Antoine Et v. Valencia Benjamin Dr et noe et, the following publication has been ordered, pursuant to Article 495A et sequitur of Cap. 16, to serve notice on the respondent.

By application in the names:

Antoine Grixti (ID 67768M)

Charles Grixti (ID 17759M)

Catherine Attard (ID 240951M)

Josephine Creek Grixti (ID 240851M)

Maria Rosaria Grech (ID 73552M)

Diandra Micallef (ID 499185M)

Joseph Micallef (ID 830749M)

Maria Carmela or Carmen Tonna (ID 703647M)

Vincent Micallef (ID 0349053M)

Peter Paul Micallef (ID 0223955M)

Raymond Micallef (ID 0223855M)

Maria Theresa sive Marthese Mamo (ID 966846M)

Maria Anna sive Marion Xuereb (ID 966946M)

Carmel or Charles Medati (ID 500053M)

Maria Carmela sive Carmen Caruana Medati (ID 217958M)

Benjamin Tonna (ID 224187M)

Caroline Medati (ID 567383M)

Christina Medati (ID 327996M)

Martina Medati (ID 421094M)

Alison Medati (ID 329790M) appearing in the name and on behalf of the three minor children named …omissis…

Brian Borg (ID 316881M) appearing in his name in person and in the name and on behalf of Domenica Catania (passport No. A 18585), Spiridione Balzan (drivers license 8661HH), Alfred Balzan (passport number PA 5663302), Anna Maria Marshall (passport number. MT012284), Patricia Hind (passport number 1278437), Suzanne Trautsch (drivers license number 2082DU) and Peter Micallef (drivers license number 1008FW)

Vanessa Dalli (ID 498578M)

vs

Dr Benjamin Valeniza and PL Veronica Rossignaud deputy curators to represent the unknown heirs of John Balzan and Joseph Balzan;

Sworn application of Antoine Grixti and Others:

That the applicants together are co-owners together in seven out of nine (7/9) shares of the fund consisting of a house, number fifty-eight (58), named 'Frankie', including a backyard, and the air and its subsoil as well as that on the premises number fifty nine (59), all in Triq Sir Patrick Stuart, Gżira, Malta;

That the remaining share of two out of nine (2/9) undivided shares of the same real estate belongs to the respondents;

That the property in question belonged to the deceased parents (and to some grandparents) of the contenders and returned to them by inheritance. That the property originally belonged to ascendants of the parties and that is to say Calcedoio Balzan and his wife Josephine Balzan née Overand and which parts died on 25th November, 1941, and 25th November, 1974, respectively;

That for all good purposes and in accordance with article 495A (2) of the Civil Code, the applicants are enclosing their declaration that they agree to make this sale in terms of the said agreement and extension thereof (Doc. A) and a statement showing the number and value of shares held by each of them (Doc. B);

That therefore the said immovable property has been held in common between the contenders and their perpetrators for more than three years and this as will be proved during the hearing of the case;

That therefore the said property has been kept in common for more than three years as required by Article 495A (1) of Cap. 16 of the Laws of Malta;

That to date none of the owners has instituted any legal action in order to divide between them this property which is common;

That the applicants entered into an agreement with MB Investments Limited (C70593) dated the ninth (9) of February, 2018, and this as extended, in deeds of Notary Dr Sam Abela in order to sell this fund, (copy of which is attached hereto and marked Doc. C):

That the plaintiffs cannot sell the entire fund in question in view of the fact that the defendants are unreasonably refusing to sell their share;

That the respondents will not be prejudiced if this Honorable Court authorizes the sale of the above mentioned real estate at the price and other conditions stipulated in the above mentioned agreement and extension;

That it is hereby confirmed by the oath of one of the plaintiffs that the exact address or location of the defendant co-owners is unknown, except that they allegedly live in Australia, and therefore the defendant co-owners cannot be located. At the same time and with the same oath, the same plaintiff confirms that the heirs of Antoinette Agius and Natalie Garvin are unknown;

Accordingly, for the reasons set out above and in anticipation of any other statement which may prove necessary, the petitioners respectfully request that this Honorable Court:

1. Authorizes the sale of the common property described above as the house, number fifty-eight (58), named 'Frankie', including a backyard, and its air and ottosuol and as well as that on premises number fifty-nine (59), all in Triq Sir Patrick Stuart, Gżira, Malta, with the price, terms and conditions and all other conditions stipulated in the said agreement dated the ninth (9) February, 2018, and the extension thereof;

2. Determine the time, day and place when and where the transfer is to be made;

3. Appoint Notary Dr Sam Abela to publish the relative deed of sale;

4. Confirms the deputy curator (s) to represent the unknown owners on the public contract;

5. Gives direction and directs the Notary Public in question to deposit the share due to the defendants from the proceeds of the said sale under the Authority of the Court;

6. Provide such other provisions as it may deem fit and proper.

With costs against the respondents

The Sworn Application in the above names is postponed to May 26th, 2022, at 9.10 a.m.

Notice to Respondent: Deputy Curators

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

For the Registrar, Civil Courts and Tribunals

By order given by the Civil Court, First Chamber, on 26th November, 2021, in the acts of the Sworn Application number 972/2021CFS, which was filed on 1st October, 2021, in the names Briffa Bernard Et Vs Cassar Maria Grazzia, the following publication was ordered, in terms of Article 495A et sequitur of Cap. 16 to serve as service against the respondent.

By application in the names:

(i) Bernard and Benny Briffa (ID 605252M); (ii) Julia Buhagiar (ID 313057M), (iii) Sylvana Mifsud, (ID 310183M); (iv) Antoine Mangion, (ID 288280M); and (v) Angela Briffa (ID 730055M)

vs

Maria Grazzia Cassar (ID 394354M)

Application by Bernard and Benny Briffa (ID 605252M), Julia Buhagiar (ID 313057M), Sylvana Mifsud, (ID 310183M), Antoine Mangion, (ID 288280M) and Angela Briffa (ID 730055M)

Respectfully stated and Sylvana Mifsud, (ID 310183M) with her oath confirms:

That the contenders are co-owners of a divided portion of land in the area known as 'Tal-Matla', in Triq George Martin, Mqabba, of an overall surface area of about one thousand five hundred and fifty-six square meters (1,556 m.k.) bounded on the north by the rest of Triq George Martin, on the south by the property of Michele Inguanez or his heirs and on the west by the property of the heirs of Michele Xuereb or their heirs, or more accurate vertical winds. This divided portion of land is best shown by the letters A, B, C, D, and E and is delineated in red on the attached plan marked Document A (“the Site");

That the applicants are jointly the owners of four parts of five (4/5) undivided shares of the Site, while the respondent is the owner of the remaining share of five (1/5) undivided shares of the Site. The individual share of the contenders is shown in the annex to Document B;

That by virtue of an agreement dated 11th August, 2021, (Document C) the applicants undertook and undertook to sell, assign and transfer their 4/5 undivided share of the Site to CF Developers Ltd, with the number of registration C96073, and this towards the terms and conditions set out therein, including the price of one million nine hundred and twenty thousand euro (€1,920,000), which price is calculated on the basis of the price of the whole Site in its entirety. of two million and four hundred thousand euro (€2,400,000);

That the price stipulated in the above-mentioned agreement of the 11th of August, 2021, is a fair and real one. In order not to be misunderstood, the final sale price for the entire Site, including the 1/5 undivided share owned by the respondent, is in the amount of two million and four hundred thousand euro (€2,400,000), as defined in the agreement;

That the Site has been held in a state of communion between the contenders for more than three (3) years, as it results in more detail in the affidavit of the exponents attached hereto as Document D;

That the representatives, who are the joint owners of 4/5 individuals from the Site, agree that the sale should proceed in the manner agreed upon in the said agreemen;

That the respondent, who owned 1/5 undivided shares from the Site, objected to this sale, and this despite the fact that it is manifest that she will not be seriously prejudiced by the prospective sale.

Therefore, in view of the premise, the plaintiffs respectfully request this Honorable Court to take into account in accordance with article 495A of Cap. 16 of the Laws of Malta and other relevant provisions of the same Cap. 16:

i) authorize the sale of the divided portion of land in the area known as 'Tal-Matla', in Triq George Martin, Mqabba, with an overall surface area of approximately one thousand five hundred and fifty-six square meters (1556sqm), bounded on the north by the rest of Triq George Martin, on the south by property of Michele Inguanez or his heirs and on the west by property of the heirs of Michele Xuereb or due to them, or more correct winds, which divided portion of land is best indicated by the letters A, B, C, D, and E and in pink, green and blue on the plan annexed to the convention, and this towards the total price of two million and four hundred thousand euro (€2,400,000) and subject to the terms and conditions set out in the agreement of 21st August, 2021 (Doc. C);

ii) determine the time, day and place at which the transfer is to be made, not later than one year from the date on which the judgment ruling in the present case has become final, which an appointment could potentially be requested by virtue of a special application after the date of the final judgment;

iii) appoint Notary Kristen Grima in terms of Article 85 (2) of Cap. 55 of the Laws of Malta to publish the relative deed of sale;

iv) appoint curators to represent the respondent in the event of his failure to appear before the aforementioned Notary for the signing and publication of the final contract of sale.

The Sworn Application in the above names is adjourned until the 27th of May 2022 at 08.15hrs.

Notice to Respondent: Dar in-Nanna, Triq l-Imqabba, Mqabba

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 29th March, 2022, in the acts of Sworn Application number 84/2022NC3, filed on 31st January, 2022, in the names Camilleri Marco et noe vs Borg Justin, the following publication was ordered, 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 the plaintiff the amount thus settled and declared as due in line with damages, as defined. At all costs, including those of the official letter and of any precautionary warrant against the respondent summoned so that a reference to his evidence be made.

The Sworn Application in the above names is adjourned to 31st May, 2022, at 9.30 a.m.

Notice to Respondent: Borg Justin, St Anthony, Triq San Ġorġ, Ħal Safi SFI 1120

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 3rd May, 2022, in the acts of Sworn Application number 76/2022NC, filed on 31st January, 2022, in the names Frank Salt (Real Estate) Ltd vs Orlov Denis pro et noe, was ordered to publish the following publication, in accordance with 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 defendants jointly and severally to pay the applicant the sum of thirty-nine thousand and fifty-five euros and eighty cents (€39,055.80c). With costs including those of the official letter of Cap. 12 of the Laws of Malta, an attachment warrant and with commercial interest until the effective payment against the respondents who were summoned so that a reference to their evidence be made. The defendants are now summoned so that a reference to their evidence be made.

The Sworn Application in the above names is adjourned to 31st May, 2022, at 9.00 a.m.

Notice to Respondent: Orlov Denis, Pender Gardens, Blk 16, Flat 57, Triq Ġdida in Triq Sant 'Andrija, St Julian's

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

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Felicia Doneo (ID 346169M) filed an application (number 377/2022JVC) demanding the correction of the Act of Public Registry number 1212/1991 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 decree given by the Civil Court, First Hall on the 09th May, 2022, on the application of Damian Borg (ID196479M) and on request of Armen Stepanian's (Russian passport number 64No2021565), Thursday, 20th October, 2022, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in Room number 78 nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Apartament internally numbered two (2) forming part of a block of apartments officially numbered thirty five (35) named 'Falcon Forge', with common entrance in Triq it-Torri, Msida. This apartment is situated on the first floor subject to an annual and perpetual ground rent of thirty euro and fifty one cents (€30.51) per year with all its rights and appertunances as further described in the contract in the tenth March two thousand and seven (10.3.2007) in the acts of Notary Carmel Gafà valued at two hundred and sixty five thousand euro (€265,000).

The said tenement is the property of Samvel Gurjinyan Gurdzhinyan (ID 41425A) u Irina Uspenskaya (ID 41426A) and by decree of 30th July, 2019, Dr Josette Sultana and Nicholette Aquilina LP had been nominated as curators for the absent.

N.B. The said tenement will be sold as described in the acts of judicial sales number 21/2018.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

IT is hereby notified that the Court of Magistrates (Gozo) in its Voluntary Jurisdiction, by virtue of a decree delivered on the 6th of May, 2022, in the records of application number 101/2021, ordered that Roland Edward Merington, a person holder of a British citizenship and holder of document of residence number MT1271631 and holder of passaport number 535388708, recovering in Gozo General Hospital, be rehabilitated.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

By Order of the Civil Court, First Chamber, on 3rd March, 2022, in the acts of the Sworn Application number 268/2021/1FDP, filed on 24th February, 2022, in the names of A & A Condominium Services Et vs Portofino Developments Ltd et, the following publication was ordered to serve as notice to the respondent, in accordance with Article 187(3) et sequitur of Cap. 12.

The applicant requested this Honourable Court to, inter alia: Order the issuance of an injunction to prevent him from continuing to do the above.

The Sworn Application in the above names is adjorned for hearing 4th April, 2022, at 9.00 a.m.

Notice to Respondent: Portofino Developments Ltd, 55, Triq Jannara, Birkirkara.

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

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 7th April, 2022, of the Civil Court (Family Section), in the records of the Application in the names Ingrid Grech vs Carmel Baldacchino, Application number 7/2022AGV, the following publication was ordered for the purpose of effecting service on the respondent Carmel Baldacchino 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 Ingrid Grech (ID 0058168M) vs Carmel Baldacchino (ID 0478465M), filed in the Civil Court (Family Section), on the 10th, January, 2022, the applicant Ingrid Grech requested this Honourable Court in terms of the provisions of Article 66B of Cap. 16 of the Laws of Malta, this Honourable Court shall, after hearing the parties as provided for in Article 66C of Cap. 16 also in order to establish the existence of those conditions provided for in the said Article 66B, pronounce the divorce between the parties, as provided for in the said Article 66C.

Applicant: 3, Benvenue, Triq il-Baruni V. Azzopardi, Ħaż-Żebbuġ (Malta).

Respondent: 86, Springvale, Triq Nikol Baldacchino, Ħal Qormi

The application in the names Ingrid Grech vs Carmel Baldacchino, Application number 7/2022AGV, has been postponed for hearing to the 19th May, 2022, at 9.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 27th April, 2022, of the Rent Regulation Board, in the records of the Application in the names Noel Tabone et vs Maria Frigġieri, Application number 102/2022NB, the following publication was ordered for the purpose of effecting service on the respondent Maria Friggieri 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 Noel Tabone (ID 43853M), Edward D'Agostino (ID 352346M), Daniel D'Agostino (ID 365487M) and Lawyer James D'Agostino (ID 430379M) vs Maria Frigġieri (ID 423153M) filed before the Rent Regulation Board, on the 3rd February, 2022, the applicants Noel Tabone (ID 43853M), Edward D'Agostino (ID 352346M), Daniel D'Agostino (ID 365487M) and Lawyer James D'Agostino (ID 430379M) vs Maria Friggieri (ID 423153M) requested this Honourable Board to:

1. Appoint a Technical Architect for the purpose of valuating the premises 30, previously 32, previously 16, Triq is-Suq, Floriana, in the open and unencumbered market;

2. Carry out the means test of the respondent, in terms of Article 12B (3) of Cap. 158 and determine whether the same respondent meets the criteria for income and capital of the means test;

3. In the event that this Board finds that the respondent does not meet the criteria of the means test of income and capital:

a.  Dissolve the lease in favour of the respondent of the premises 32 previously 16, Triq is-Suq, Floriana,

b. give the respondent a period of time, not exceeding two years to vacate the premises and release its vacant possession in good condition to the applicant,

c. It shall provide all other appropriate provisions, including setting out the compensation to be paid to the applicants for the use of the premises for the period established in the preceeding paragraph;

4.  In the event that this Board finds that the respondent meets the criteria of the means tests for income and capital:

a.  Order the respondent to pay the applicant an increase in rent for the amount of 2% per annum of the free and open market value of the premises from 1st January of the current year, which rent is reviewable every 6 years unless an agreement is reached between the contenders,

b. It establishes those other conditions of this lease, just conditions on today's open market, among which the tenant cannot give up or assign the lease in whole or in part to a third party who is unable to make structural changes, and who is obliged to carry out all necessary repairs in the same premises, except for structural repairs that become necessary without the respondent's fault.

With costs against the respondent who is hereby summoned so that a reference to her oath be made.

respondent: Maria Friggieri, 32, Triq is-Suq, Floriana

Housing Authority

The application in the names Noel Tabone et vs Maria Friggieri, Application number 102/2022NB, has been postponed for hearing to the 20th May, 2022, at 9.20 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd April, 2022, of the Rent Regulation Board, in the records of the Application in the names Julie Tonna et vs Pauline Mary Gerada, Application number 132/2022NB, the following publication was ordered for the purpose of effecting service on the respondent Pauline Mary Gerada 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 Julie Tonna (ID 431270M), Robert Micallef (ID 148664M), Raymond Micallef (ID 737462M) in his own name and also on behalf of the absent Richard Micallef (ID 277765) and Jaqueline Quarmby (ID 350166M) vs Pauline Mary Gerada (ID 241584M) filed in the Rent Regulation Board, on the 9th February, 2022, the applicants Julie Tonna, Robert Micallef and Raymond Micallef in his own name and on behalf of the absent Richard Micallef and Jaqueline Quarmby requested this Honourable Board why it should not:

1. Declare and decide that the respondent Pauline Mary Gerada is the lessee of the apartment with address 61, Borg Flats, Flat number 6, Triq Salvu Psaila, Birkirkara, and this in terms and with application of the dispositions of the Reletting of Urban Property (Regulation) Ordinance Cap. 69 of the Laws of Malta;

2. Order that the means test of the respondent Pauline Mary Gerada be carried out as set out in the Rules of the Continuation Tenancies (Means Testing Criteria) issued under Article 1622A of the Civil Code and any regulations that might replace them;

3. Declare and decide that in terms of Act XXIV of 2021, the rent shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value of the apartment with address 61, Borg Flats, Flat number 6, Triq Salvu Psaila, Birkirkara, on the 1st January, 2022, and in the event new conditions regarding the lease shall be established;

4. Order and condemn the respondent Pauline Mary Gerada to start paying the increased rent in terms of Act XXIV of 2021 with effect from the date of filing of this application;

5. Order that in the event that the respondent Pauline Mary Gerada does not satisfy the criteria of the income and capital of the means test, the respondent is allowed a period of two years for the premises to be vacated, in addition to pay a compensation payable to the applicants for the occupation of the premises during the said period in the amount determined by this Board.

With costs against the respondent who is from now summoned so that a reference to her oath be made and subject to any right of action due to the applicants including that of a constitutional nature.

Applicants: 8, Cosmopolitan Flats, Block E, Triq l-Istamnar, St Paul's Bay

Respondent: 61, Borg Flats, Flat 6, Triq Salvu Psaila, Birkirkara

Housing Authority

The application in the names Julie Tonna et vs Pauline Mary Gerada, Application number 132/2022NB, has been postponed for hearing to the 20th May, 2022, at 9.40 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By order given by the Civil Court, First Chamber, on 13th January, 2022, in the acts of Sworn Application number 1044/2021AJD, filed on 22nd October, 2021, in the names Zarb Luciano v. Mercieca Alexander, the following publication was ordered, 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: Declare the defendant liable for damages and interest resulting from his breach of contract, consistent both with damages and/or legal interest resulting from his default, and with pecuniary and non-pecuniary damages suffered by the plaintiff in case to confirm that the final contract cannot be concluded; and (a) liquidate such damages and interest; and (b) order the defendant to pay such damages and interest so liquidated. With legal costs, including of the official letter Doc. LZ4 and of any relative act or warrant, with legal interest, with the reservation of any further action in law, and with the injunction of the defendant from now so that a reference to his evidence be made. The Sworn Application in the above names is postponed to 19th May, 2022, at 10.50 a.m.

Notice to Respondent: Mercieca Alexander. 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