Court Notices published in Govt. Gazette no 20,868 of 27th May 2022

By order given by the Civil Court, First Hall, on 31st May, 2021, in the acts of the Sworn Application number 98/2021MH, which was filed on 5th February, 2021, in the names Falzon Darren vs 360 Retail Supplies 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: Order the release of the same vehicle and its return to the address from which it was elevated, i.e. 'MJ Garage', G23, Triq il-Belt Valletta, Ħal Għaxaq, with the costs related to the return against the company 360 Retail Supplies Ltd (C64990). This is under any other provision which this Court considers appropriate. With costs against the respondent companies or any of them. The Sworn Application in the above names is postponed to 17th June, 2022, at 10.30 a.m.

Notification Notice: 360 Retail Supplies Ltd, 107, Ivarusca, Triq San Xmun Fgura

Kosecp (Distribution & Business Services Ltd), 28/20, Vincenti Buildings, Triq id-Dejqa, Valletta

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, Constitutional Court on 21st April, 2022, in the acts of Constitutional Application number 136/2022AJD, filed on 8th March, 2022, in the names Bonnici Maria et vs State Advocate 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: Liquidate the same compensation and damages as suffered by the applicant, in terms of law and order the respondent State Attorney to pay the same compensation and damages settled in terms of law, with legal interest. With all costs included and with the injunction of the respondents from now summoned so that a reference to their evidence be made.

The Constitutional Application in the above names is postponed to 2nd June, 2022, at 10.40 a.m.

Notification Respondent: Desira Joseph, 158, Flat 5, St Philip Flats, St Helen Street, 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 Civil Court, First Chamber, on 19th May 2022, in the acts of the Sworn Application number 12/2022AD, filed on 10th January, 2022, in the names Spagnol Luke vs Pearsall Karl 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: Order the defendants to return within a reasonable time that this Honorable Court would like to refrain from the tools which he took/stole from the spot apparently belonging to the applicant. At the expense and injunction of the plaintiffs.

The Sworn Application in the above names is adjourned to 2nd June, 2022, at 9.00 a.m.

Service Respondent: Karl Pearsall and Alfred Schembri, St Rita, Flat 2, Triq il-Kus, Birżebbuġa

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 16th March, 2022, in the acts of the Sworn Application number 354/2021GM, filed on 23rd March, 2021, in the names Salah Hani Hassan Naji vs Abela Stephanie Advocate et was ordered to publish 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: Without prejudice, this official letter is serving to prevent the continuation of the prescription in terms of Cap. 16 of the Laws of Malta, specifically article 2128 of the Civil Code, and per di piu, the sender is making it clear that he intends to maintain his right under the law. Including the expenses of the official letter.

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

Notification Respondent: Yousef Mohammed Khaleel Al Hiroub, 1, Ta' Ġiża, Triq Dun Pawl Micallef, Victoria, Gozo

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

For the Registrar, Civil Courts and Tribunals

ARB/C034/2022 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 17th May, 2022 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Josette Demicoli, LLD). Compilation Number 260/2022, in the case:

The Republic of Malta

Versus

SARAH ANN GATT, 41 years, daughter of Alfred Falzon and Mary Falzon née Galea, born in Tal-Pietà, Malta on the 1st October, 1980, residing at Flat 1, Ent. A, Flats Indipendenza, Binja Santa Venera, Triq Patri Ġwann Azzopardi, Santa Venera, and holder of Maltese identity card bearing number 463780M.

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 SARAH ANN GATT 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 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, 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, 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 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.

Director, Asset Recovery Bureau

By order given by the Civil Court, First Hall, on 30th November, 2021, in the acts of the Sworn Application number 1008/2021NC3, which was filed on 13th October, 2021, in the names Bisazza Carlo Dr noe vs Bluebell B.V. 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 and order the defendant company to pay to the plaintiff company the sum of two hundred and seventy thousand seven hundred and seventy-eight euro (€270,778), to the applicant company as payments/commissions due to the plaintiff company, all as stated above and for the above reasons. With the costs and legal interest due until the day of the effective payment against the defendant company which is from now summoned so that a reference to its evidence be made.

The Sworn Application in the above names is adjourned to 30th May, 2022, at 9.00 a.m.

Notice to Respondent: Bluebell B.V. 85, St John Street, Valletta

CARMEL ABELA. M.SC. IN MANAGEMENT. D.P.A; DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 1st March, 2022, on the application of Bank of Valletta plc (C2833), Tuesday, 12th July, 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 Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The maisonette marked number two (2) named 'Edel' forming part of a block of building named 'GDS Buildings' in Triq il-Wied, Msida, situated on the second floor level situated on the showroom on the groundfloor level together with the maisonette on the first floor level. The said block is bounded from north with Triq il-Wied, west with property of George Debattista successors and east with property of Orlando Debono successors. The maisonette access is from a common outdoor stairs from the said street. The property has the right of usage of the outdoor stairs leading to the roof, as well as the right of perpetual use of the undivided half of the roof and is subject to and enjoys active and passive servitudes resulting according to its position. The said property enjoys servitude of internal yard and backyard through windows. The airspace as well as the washroom on the roof are third party property. The owners of the roof airspace have the right to develop further floors above the roof area and to extend the stairs and the services to the new roof. The maisonette is free and unencumbered and is valued at one hundred and thirty nine thousand euro (€139,000).

The said tenement is the property of Tanti John (ID 375982M) and Sammut Odette (ID 319189M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 44/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By order of the Civil Court, First Chamber, on 18th January, 2022, in the acts of Sworn Application number 834/2021NC, filed on 24th August, 2021, in the names Bank of Valletta plc vs K&L Attard Co. Ltd et, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap. 12 to serve notice to respondents. The applicant claims that the Court should, inter alia: Order the defendants to pay together and 'jointly and severally' between them to the plaintiff company the sum of seven hundred and fifty-one thousand, seven hundred and ninety-five euros and fourteen cents (€751,795,14c), a balance for the debt in the 'Loan and Overdraft Accounts' of K&L Attard Company Limited with Bank of Valletta plc, plus additional interest from 20th July, 2021, until the effective date payment. With costs, including those of the official letters dated 1st April, 2016, and of the Warrants of Attachment which are being filed in context against the defendants so that a reference to their evidence be made.

The Sworn Application in the above names is adjourned for 30th May, 2022, at 9.15 a.m.

Notice to Respondent: K&L Attard Co. Ltd, 141, Triq l-Arċisqof, Valletta

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, Constitutional Court, on 16th December, 2020, in the acts of Constitutional Application number 190/2020MH, filed on 7th September, 2020, in the names Sciberras Francis sive Frankie vs Advocate of State 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: Condemn the respondents, or any of them, to pay compensation and damages suffered by the plaintiffs for violations of their fundamental rights. With costs and legal interest against the respondents.

The Constitutional Application in the above names is deferred 27th May, 2022

Service Respondent: Paul and Emanuel Ebejer, 3, Misraħ it-Tiġieġ, Triq San Ġiljan, 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 given by the Court of Appeal (Inferior Jurisdiction) on 19th January, 2022, in the records of the Application in the names of Dr Patrick Valentino (ID 236868M) as the Rector of the Lay Benefice called Abbazia di Sant'Antonio delli Navarra, appointed by the Patron and confirmed by an Archbishop's decree of the twentieth of February of the year two thousand and seventeen and in the name and on behalf of the same Benefice vs The Planning Authority and Salvu Mintoff & Sons Limited (C5093) the following publication was ordered to serve as notice to Salvu Mintoff & Sons Limited (C5093), pursuant to Article 187 (3) et sequitur of Cap. 12.

By means of an Appeal Application of Dr Patrick Valentino (ID 236868M) nomine filed on 8th November he respectfully stated that he had lodged an appeal with the Environmental Review and Planning Tribunal against the permit issued by the appealed Authority in favour of the appealed company through an appeal lodged at the Tribunal's administrative office on 30th June, 2020.

The said lawyer representing the appellant was unable to attend the hearing on 21st October, 2021, due to technical difficulties. On that date the Tribunal declared the desertion of his appeal.

… omissis …

The plaintiff was aggrieved by the order of desertion of his appeal and is humbly appealing to this Honourable Court.

Whereas his ground of appeal is clear and manifest and consists in the fact that the Tribunal exceeded the powers conferred on it by law when it declared the desertion of the appeal after the first failure of appearance by the exponent.

… omissis …

Whereas according to law the Tribunal has the power to declare an appeal deserted or abandoned only if the appellant fails to appear for two consecutive hearings and this without good reason - which was not the case here.

Therefore, the exponent respectfully requests that this Honourable Court should declare that the decision of the Environment and Planning Review Tribunal of 21st October, 2021, declaring his appeal before it abandoned as he did not show an interest in the appeal filed by him is ultra vires and therefore null and void, and therefore orders the Tribunal to set again the appeal for hearing, for a decision and oral submissions in accordance with the law.

The Appeal Application in the names Dr Patrick Valentino nomine vs The Planning Authority et, Application number 44/2021 has been deferred for hearing to 1st June, 2022, at 8.45 a.m.

Notify: Salvu Mintoff & Sons Ltd (C5093), 53, Triq il-Kapuċċini, Victoria, Gozo

Dr F. Bondin, LLD, M. Jur.

 For the Registrar, Civil Courts and Tribunals.

By decree given by the Civil Court, First Hall, on the 28th April, 2022, on the application of Bank of Valletta plc (C2833), Tuesday, 8th November, 2022, at half past eleven in the morning (11.30 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:

Maisonette, unnumbered and named 'Joe', in Triq it-Tiġrija, Marsa, subject to annual and perpetual ground rent of three euro and forty nine cents (€3.49), with all its rights and appurtenances and vacant possession. The said maisonette is bounded on the east by property of John Camenzuli or his successors in title and on the south by property of John Bradshaw, valued at one hundred and sixty one thousand, four hundred and fifty four euro (€161,450).

The said tenement is the property of Hi-Timber Company Limited (C9022).

N.B. The said tenement will be sold as described in the acts of file number 55/14.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By order given by the Civil Court, First Hall, on 23rd November, 2021, in the acts of the Sworn Application number 880/2020AF, which was filed on 2nd October, 2020, in the names Vella Steven vs Pisani Michelle sive Holly et, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice to respondents. The applicant claims that the Court should, inter alia: Order them to pay that amount, or any resulting higher amount, to the applicant, with interest from the date of filing of this sworn application until the date of actual payment.

With costs, including those of the letter dated 30th March, 2020, of the Attachment Warrant and Warrant of Seizure and with the injunction for the submission so that a reference to her evidence be made.

Notice to Respondent: Michelle and Holly Pisani, 23, Holly, Hope Court, Apartment 5, Triq ir-Ratal, Swieqi

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 Hall, on 25 January, 2022, in the acts of the Sworn Application number 1049/2020RGM, which was filed on 10th November, 2022, in the names Total Care Laundry Ltd. vs Borg Albert sive Robert, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice to respondents. The applicant claims that the Court should, inter alia: Order the defendant to pay the plaintiff the sum of €26,524.42c (twenty-six thousand, five hundred twenty-four euro and forty-two cents). At the expense of the defendant who is summoned so that a reference to his evidence be made.

The Sworn Application in the above names is adjourned to 29th September, 2022, at 9.00 a.m.

Notification Respondent: Albert or Robert Borg, White Star, Triq Latnija, Salina, Naxxar

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

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 23rd May, 2022, and upon an application numbered 368/2022, Ordered:

The appropriate correction in the relative columns in the Act of Birth bearing the number 109/1969, so that in the column headed 'Names given' the name 'Stephania' is deleted and substituted by the correct name 'Stephanie' and in the column headed 'Name or names by which the child is to be called' the word in brackets (Stephania) is deleted and only the name 'Stephanie' appears.

Court of Revision of Notarial Acts, today Wednesday, 25th May, 2022

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 by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction, on the eighteenth (18th) of May of the year two thousand and twenty two (2022) (Application number 42/2022BS), Anthony Nichola Martinez Portelli requested the opening of the succession of Anthony Manuel Luigi Portelli, son of the late Michael Portelli u Georgina née Vella, born in Victoria, Gozo, on the 29th of May, 1941, and died in Cardiff, Wales United Kingdom, on the twenth-fifth (25th) of April, 2020, tested. That the decujus regulated his succession by a will he made in the United Kingdom dated second (2) March, 2017, where inter alia he annulled any will he made before that and nominated the applicant together with two partners of the foreign law firm Passmores Solicitors as trustees to execute his testamentary will. That the nomination of the executors was confirmed by a Grant of Probate issued by the High Court of Justice of the United Kingdom and Wales on the nineteenth (19) of March, 2021. That the decujus did not make any other will in these islands to regulate his affairs here in Malta and this as it results from an official search carried out for public wills and secret in the Public Registry and in the Court of Voluntary Jurisdiction. That the decujus had three (3) children, that is, the exponent and Kellinu sive Kilin Portelli and Suzanna Roberts. That the decujus while disinheriting his two sons Kellinu and Suzanna Roberts, ordered that his inheritance both that which is in the United Kingdom and that which is outside the United Kingdom should be divided in for twenty-five percent (25%) of the wealth in favor of his son the exponent and the remaining seventy-five percent (75%) in favor of his grandchildren Jordanna Portelli, Jack Portelli and Gracie Portelli sons of the exponent, Lucia Theaker Portelli and Sam Portelli sons Kellinu Portelli and Gabriella Roberts and Joseph Roberts sons Suzanna Roberts in equal shares between them once they reach the age of twenty-one (21) years. That his grandchildren Jordanna Portelli, Lucia Theaker Portelli, Sam Portelli and Gabriella Roberts are twenty-one (21) years old up while Jack Portelli, Gracie Portelli and Joseph Portelli are still under twenty-one (21) years old. That it is necessary that the succession of the said Anthony Manuel Luigi Portelli should be made in favor of his heirs according to law and that is in respect of a quarter (1/4) in favor of Anthony Nicholas Martinez Portelli and the remaining three quarters (3/4) in favor of the above-mentioned seven of his grandchildren, the issuance of this ban was ordered to inform anyone involved.

Wherefore, any person who considers 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.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals