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Court Notices published in Govt. Gazette No. 20,899 of 29th July 2022

Date Icon 29/07/2022

Notice 1309

1309

Notice in terms of article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section

Application number: 13/2022

Application in terms of Article 495A of the Civil Code

vs

Advocate Dr Joseph Grech to represent the inheritance of Michael Azzopardi and Saverio Azzopardi

Application in terms of Article 495A by the applicant Mario Cardona et

Humbly request

(i) That applicants are the owners of the major part of the undivided shares of the property, being a house in a dilapidated state, bearing official number fifty-six (56), located in a private alley without name and without number, which abuts onto Triq it-Torri Tinghi, Xewkija, Gozo, with its adjacent garden, measuring circa two hundred and twenty square meters (220 sq.m.), together with one half (1/2) undivided share of the alley from which the same property is accessible, whereby the relative shares are better indicated on the attached family tree, marked as Document 'A';

(ii) That the remaining shares pertain to the defendants.

(iii) That the property in question has been commonly held for more than ten (10) years and none of the owners has ever initiated an action before any Court or Tribunal for the division thereof.

(iv) That applicants have found sale of the above-described property, as results from the herewith attached copy of the promise of sale agreement dated the thirtieth (30th) January of the year two thousand and twenty-one (2021), and the subsequent amendments dated the twelfth (12th) of March of the year two thousand and twenty-one (2021), and the seventeenth (17th) December of the year two thousand and twenty-one (2021), copies of which are being marked as Documents 'B', 'C' and 'D', all subject to the acquisition of the remaining shares;

(v) That applicants', being the owners of the majority of the shares of the named property, wish the same property to be sold for the sum of two hundred thousand euro (€200,000), which price is real and reflective of the market value of the property, and this as results from the architect's report herewith attached;

(vi) That defendants will not be seriously prejudiced should this Honourable Court order the sale and hence, there is no justification from their end why they should not appear on the same sale.

Therefore, applicants humbly request this Honorable Court, in terms of article 495A of Cap. 16 of the Laws of Malta and the relative disposition of the same Cap. 16 of the Laws of Malta to:

(i) Authorize the same of the property, being the house in a dilapidated state, with official number fifty-six (56), in a private alley without number and without name, which abuts onto Triq it-Torri Tinghi, Xewkija, Gozo, with its adjacent garden, measuring circa two hundred and twenty square meters (220 sq.m.), together with half (1/2) undivided share of the alley from which the property is accessible, and this for the price of two hundred thousand euro (€200,000);

(ii) Consequently, order that the sale is concluded subject to all the conditions enlisted on the relative promise of sale agreement.

(iii) Appoint Notary Public Dr Anna Maria Mizzi to publish the relative deed on the date, time and place that this Honorable Court appoints, and to appoint deputy curators to appear for and on behalf of those who fail to appear on the deed.

All expenses to be borne by defendants

The application is appointed for hearing for Tuesday, 27th of September, 2022, at 9.15 a.m.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

i)Mario Cardona (KI 61451G);
ii)Mario Cardona (KI 4979G);
iii)Luzio Alan Cardona (KI 417390M);
iv)Maria Azzopardi (KI 19943G);
v)Josephine Azzopardi (KI 51045G);
vi)Michelina Azzopardi (KI 74747G);
vii)Giovanna Azzopardi (KI 39055G);
viii)Pauline Zammit (KI 2154G);
ix)Angela Cauchi (KI 57356G);
x)Pubblia Xerri (KI 8258G);
xi)Theresa Spiteri (KI 26461G);
xii)John Azzopardi (KI 63659G);
xiii)Raymond Grima (KI 11971G);
xiv)Martin Grima (KI 17861G);
xv)Anna Apap (KI 34065G) in her personal name, and on behalf and in representation of her brothers and sisters Rita Grima (PA 1261980), John Grima (PA 11933060), Paul Grima (PA 1184582), and Josephine Azzopardi (PA 1161718)

Notice 1310

1310

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 23rd March, 2022, following a request by Bank of Valletta plc (C2833) it was ordered that deputy curators be appointed to represent the interest of the direct owner Maria Pullicino in the acts of the schedule of deposit number 533/2022 in the names Bank of Valletta plc 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 22nd March, 2022, in the names Bank of Valletta plc (C2833) vs Deputy Curators to represent the direct owner Maria Pullicino daughter of Francis and Antinia née Dingli, born in Bormla, of the shop/store with the name Francica Store previously known as St Gaetano, Triq Pietru Xuereb, Gwardamanġa, subject to the annual and perpetual groundrent of Lm3.81,6 equivalent to €8.89 otherwise free and unencumbered with all its rights and appurtenances, the applicant company Bank of Valletta plc respectfully submitted:

That through an auction held under the authority of this Honourable Court on the 18th October, 2016, at the request of Bank of Valletta plc (C2833) the shop/store without an official number with the name Francica Store, formerly known as St Gaetano Store, in Triq Pietru Xuereb, Gwardamanġa, Tal-Pietà, was released in favour of the interpellant company Bank of Valletta plc. The said premises are bounded from the west by the said road, from the north by property of Carmelo Borg and from the south by property of the successors in title of Tony and Victor brothers Pullicino. The said shop is subject to the annual and perpetual groundrent of €8.89 representing part of a larger amount of groundrent which burdens all the land on which part of the said premises was built. The shop is built on two levels on a plot of about 186.3 square meters at street level and 184.18 square meters at basement level. Part of the basement level is also under third party property. The shop also has a front garden and a backyard;

This property belonged to Anthony Francica now deceased, son of the late Vincenzo and Dolores Francica née Gauci, born in Marsa (ID 569935) and the deceased Marie Theresa Felice, wife of the late Anthony Francica and daughter of the late Michael McMahon and Anne McMahon née Dooley, born in Kilbeggtan, Ireland (ID 1487AM). The transfer in favour of the applicant Bank of Valletta plc was registered in the Public Registry of Malta by means of a note of Reference number Ins 10828/2016 here exhibited and marked as document A;

It resulted that Anthony Francica, during his married life to his wife Marie Therese Francica née Mc Mahon, had acquired eleven out of twelve (11/12) undivided parts of the unnumbered shop/store named St Gaetano, Saint Luke's Road, Gwardamanġa, as subject to the annual and perpetual groundrent of Lm3.81,6 equivalent to €8.89 by means of a contract of sale in the records of Notary George Cassar dated 22nd August, 1988, here attached and marked as Document B, whilst he inherited one part of twelve (1/12) undivided share of the same premises from his father Vincenzo Francica by means of a will unica charta made together with his wife Dolores Francica in the records of Notary John Tabone Adami on the 12th July, 1966, and he appointed his six children as his heirs;

It resulted that Vincenzo Francica during his marriage to his wife Dolores Francica, had acquired from Mario Pullicino, son of the late Doctor Francis Pullicino and Paolina née Grima, born in Ħal Balzan, a divided portion of land known as Tal-Istampa in the limits of Sqaq id-Duluri limits of Tal-Pietà, with its facade on Hospital Raod, measuring 97 square canes, bounded from the west with Hospital Road, from the south with a portion of the same land and from the north with property of Antonio Debono subject to the annual and perpetual groundrent of Lm38.16 equivalent to €88.89 otherwise free and unencumbered with all its rights and pertinances by means of a contract in the recors of Notary John Tabone Adami dated 1st December, 1961, here attached and marked as Doc. C and on part of this land Vincenzo Francica built the shop/store with the name Francica Store previously known as St Gaetano Store in Triq Pietru Xuereb, Gwardamanġa, Tal-Pietà;

That Mario Pullicino by means of contract in the records of Notary Paul Pullicino dated 12th May, 1966, here attached and marked as Document D, acquired from Maria Pullicino, daughter of Francis and Antonia née Dingli, born in Bormla by title of perpetual emphyteusis starting from the date of the deed a divided portion of land called 'Tal-Istampa in the limits of Sqaq id-Duluri in the limits of Tal-Pietà, with a facade on Hospital Road measuring 97 square canes and which is bounded from the west with Hospital Road, on the south by another portion of the same land and from the north with property of Antonio Debono, towards the annual and perpetual groundrent of Lm38.16 equivalent to €88.89 otherwise free and unencumbered with all its rights and appurtenances;

That the shop/store called Francica Store which was formerly known as St Gaetano Store, in Triq Pietru Xuereb, Gwardamanġa, Tal-Pietà was built on a divided portion of land known as Tal-Istampa in the limits of Sqaq id-Duluri with a facade on Hospital Road measuring 97 square canes and which is bounded from the West with Hospital Road, on the south by another portion of the same land and from the north with property of Antonio Debono, described in the previous paragraphs and is subject to the annual and perpetual groundrent of Lm3.81,6 equivalent to €8.89 part of a larger original annual and perpetual groundrent of Lm38.16 equivalent to €88.89 otherwise free and unencumbered with all its rights and appurtenances;

The applicant company is attaching a plan of the Land Registry of the shop/store called Francica Store formerly known as St Gaetano Store, Triq Pietru Xuereb, Gwardamanġa, Tal-Pietà, marked as Document E;

That the applicant company wishes to pay the laudemium due and the groundrent due for these last five (5) years and thefore will deposit the amount of €53.34 under the Authority of the Court;

That the applicant company also wishes to redeem this annual and perpetual groundrent of on€38.89 the shop/store with the name Francica Store foremerly know as St Gaetano Store, Triq Pietru Xuereb, Gwardamanġa, above mentioned which annual and perpetual groundrent is part of a large sum of the original annual and perpetual groundrent of Lm38.16 equivalent to €88.89 and thus avail itself from the provisions of article 1501 of the Civil Code, Cap. 16 of the Laws of Malta and redeem this groundrent as stipulated at law so that this premises will be free and unencumbered from any groundrent;

That the said groundrent capitalised according to Law at the rate of 5% is equivalent to the amount of €177.80.

Thus, the applicant company requests this Honourable Court and under its authority deposits the total amount of €231.14 as for:

€8.89 as laudemium due with the transfer of the property in the name of Bank of Valletta to the withdrawn by the direct owner or her heirs and after leaving the relative receipt.

€44.45 as payment of groundrent due for these last five (5) years to be withdrawn by the direct owner or her heirs and after leaving the relative receipt.

€177.80 as redemption of the groundrent above mentioned to be withdrawn by the direct owner or hers, by means of a notification to the Director of the Public Registry, and under those provisions according to law after leaving the relative receipt.

Applicant: Bank of Valletta plc, 1/5 Misraħ San Ġorġ, Valletta

Notification:

i) Director Public Registry, Valletta

ii) Registrar of Lands, Triq il-Punent, Valletta

iii) Deputy Curators

  You are therefore ordered to affix an official copy of these banns at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of curators of office.

And after so acting or if you should encounter any difficulty in the execution of these banns, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Toni Abela, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

22 Lulju 2022

Notice 1311

1311

By means of a decree of the 4th July 2022 of the Civil Court (Family Section), in the records of the Mediation Letter in the names Salvina Buttigieg vs Blasius Buttigieg, Letter number 490/2022, the following publication was ordered for the purpose of effecting service on the respondent Blasius Buttigieg in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the acts of the Mediation Letter number 490/2022 in the names Salvina Buttigieg née Attard (ID 25269M) vs Blasius Buttigieg (ID 11969G), filed in the Civil Court (Family Section), on the 9th June 2021, the applicant Salvina Buttigieg requested this Honourable Court to order the respondent to vacate from the matrimonial home that is Block 4, Flat 2, Triq il-Fieres, Ħal Kirkop, and this under those provisions that this Court deems fit and opportune.

Civil Court (Family Section), Hon Judge Abigail Lofaro LLD, Stud. Rel. Mag. Jur. (Eur. Law)

Mediation Letter number 490/2022

The Court,

Having seen the application of 3rd May, 2022,

Orders service on the other party, who is to file a reply within five (5) working days.

Applicant: Flat 2, Entratura E, Triq Dun Anton Vassalli, Siggiewi

Respondent Notification: Block 4, Flat 2, Triq il-Fieres, Ħal Kirkop

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

22 Lulju 2022

Notice 1312

1312

Banns for Curators

Republic of Malta

To the Marshall of the Court.

By means of a decree given by this Court, on the 17th August, 2021, following a request of Henadi A.H. Gamal it was ordered that deputy curators be chosen to represent the absentee Al Shikh Naman Mahfud M, in the records of the General Application 268/2021JPG, in the names Henadi A. H. Gamal vs Deputy Curators and in the other relative and subsequent acts.

By means of an Application filed, in the Civil Court (Family Section), in the names Henadi A. H. El Gamal (ID 0136844A) vs Deputy Curators to represent the absentee Al Shikh Naman Mahfud M (Libyan passport number RF4PNYL9), on the 25th June, 2021, the applicant Henadi A.H. El Gamala (ID 0136844A) requested this Honourable Court so that it:

1.  Orders that the applicant be given exclusive parental authority in all the matters concerning the minors;

2. Authorises the applicant to sign any forms and/or documents of an extraordinary nature, including academic, health and visa of the minors without the néed for consent and/or signature of the father Al Shikh Naman Mahhfud M.

And this under all those conditions that this Honourable Court deems fit and proper.

Applicant: Pearl Residence, Fl. 1, Triq V. Menville, Swieqi

Notification: Deputy Curators

You are therefore ordered to affix an official copy of these banns at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of curators of office.

And after so acting, or if you should encounter any difficulty in the execution of these banns, you are to inform forthwith this Court.

Given by the Civil Court (Family Section), above mentioned, with the witness of the Hon. Mr Justice Ian Spiteri Bailey, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

22 Lulju 2022

Notice 1313

1313

By decree given by the Civil Court, First Hall on the 11th July, 2022, on the application of Juliette Tango Holdings Limited (C49462), Tuesday, 18th October, 2022, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Apartment number eleven (11) without its air space, forming part of the complex Southcliff Mansions, in Triq l-Iskall, Wied il-Għajn, which consists of a penthouse, presently in shell form, overlying the two blocks forming the complex, accessible from the stairwell on the left side of the block when one is looking from the street from door number nineteen letter A (19A), subject to active and passive servitudes that result from its position, subject to its annual and perpetual ground rent rate revisable every fifty years and valued at two hundred and twenty thousand euro (€220,000).

The said tenement is the property of Southcliff Developments Limited (C27802).

N.B. The said tenement will be sold as described in the acts of judicial sales number 50/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

25 Lulju 2022

Notice 1314

1314

By decree given by the Civil Court, First Hall, on the 6th July, 2022, on the application of HSBC Bank Malta plc (C3177), Thursday, 27th October, 2022 at noon (12:00pm), 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 apartment, at first (1st) floor level, internally marked number four (4), in block named 'Alder Court', in Triq Nard Mallia, Zurrieq, accessible from the same block, with all its rights and appurtenances, and with the right of use of the parts intended for common use including amongst others the main entrance of the block, the common staircase, the lift and the drainage system as better described in the acts of Notary Ruben Casingena of the thirteenth September, two thousand and twelve (13.9.2012) and is valued at two hundred and sixty five thousand euro (€265,000).

The said tenement is the property of Stefanov Alexander (ID 48811A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 43/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

25 Lulju 2022

Notice 1315

1315

By decree given by the Civil Court, First Hall, on the 19th July, 2022,  on the application of Bank of Valletta plc (C2833), Thursday, 3rd November, 2022, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction,  to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property:

The 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

25 Lulju 2022

Notice 1316

1316

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the eight (8th) of July of they year two thousand and twenty two (2022) (Application number 74/2022BS), Josephine Debricnat requested the opening of the succession of Joseph Debrincat, formerly married to Josephine Debrincat née Grech, son of the late Saviour Debrincat and Josephine née Cauchi, born in Munxar, Gozo, on the fourth (4th) of October of the year one thousand nine hundred and forty-nine (1949) and formerly resident in Munxar, Gozo, and died in Victoria, Gozo, on the second (2nd) of February of the year two thousand and twenty-two (2022), intestate. That it is necessary that the succession of the said Joseph Debrincat should be made in favor of his heirs according to law and that is to his wife Josephine Debrincat (ID 71057G) as half (1/2) undivided and his sons Samuel Debrincat (ID 589G) and Noel Debrincat (ID 6292G) as a quarter (1/4) undivided each, 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

Notice 1317

1317

By decree given by the Civil Court First Hall on 7th July, 2022 on the application of Ian Sammut (ID 275777M), Monday, 19th September, 2022, at half past ten in the morning (10.30 a.m.) has been fixed for the sale by auction, to be held at Garage number twelve (12) in Triq San Valentin, Ħal Balzan, of the following items seized from the property of Entree Limited et (C36821).

Computers, keyboards, LCD and other items.

N.B. The said objects will be sold as described in the acts of Judicial Sale file number 3/21.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

26 Lulju 2022

Notice 1318

1318

By decree of the Court of Appeal of 22nd January, 2020, in the records of Application number 71/16 in the names Lay Lay Company Limited (C4534) vs Alsan Enterprises Company Limited (C17683), B.D. Limited (C7281) and Modem Design Properties Limited (C14871) ordered the following publication in terms of Article 187 (3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal by Modern Design Properties Limited (C14871), this company was aggrieved by a judgment of the Court of First Instance delivered on 16th July, 2019, in which it rejected all the pleas of the appellant company Modern Design Properties Limited and upheld all the claims of the plaintiff company with costs against the all the respondent companies jointly and severally.

Whereas the ground of appeal is clear and manifest insofar as the First Court misinterpreted what is strictly required in section 2072 of Cap. 16 when it held that the protest did not need to be notified to all the defendant companies and that it was sufficient to be notified to the sale by the creditor of the property burdened by a hypothec. B.D. Limited was not notified of the plaintiff company's protest and therefore the plaintiff company could not initiate these proceedings until all creditors were notified of the protest.

… omissis …

The Court of First Instance misinterpreted what is required by sections 2084(4) and 2086 of the Civil Code when it held that section 2086 of the Civil Code applies to all types of obligations i.e. both to credit as well as to peaceful possession as in in the present case.

… omissis …

In this case, the exponent company has no debt to pay to the plaintiff company and indeed it is the plaintiff company that has an obligation towards the exponent company by means of a hypothec, in the merits of this case.

… omissis …

The First Court misinterpreted section 2085 of the Civil Code when on page 26 of the judgment it held that the legislator wanted this section to be given a completely narrow interpretation, that is in the tenth (10) year from when the third party would have acquired the property, the hypothec ends up in its favour. According to section 2086 of Cap. 16 this takes into account the enrolments made at the request of the creditor not to interrupt prescription in favour of the third possessor. The appellant company contends that this action cannot be successful in view of the fact that (i) proceedings are still pending on whether the plaintiff company owns all the land in question and therefore it cannot be said that the plaintiff company had ten (10) years of continuous and unbroken land ownership, peaceful and public and unequivocal in accordance with section 2017 of Cap. 16 and (ii) that the prescription is suspended in terms of section 2125 (a) and (b) of the Civil Code and (iii) as well as the validity of such a hypothec is being challenged by the same plaintiff company. The Court of First Instance has ignored all this.

… omissis …

The First Court also decided incorrectly when on page 25 of the judgment it ruled that the cancellation of the hypothec should also have been on third party property.

… omissis …

Therefore, the exponent company while making reference to evidence produced and the note of submissions, and retains the right to produce in a timely manner the evidence required by all means provided by law, is respectfully requesting this Honourable Court to revoke and annul the judgment given by the First Hall of the Civil Court in the cause in the premised names delivered on 16th July, 2019, and reject the claims of the plaintiff company with the costs of both instances against the appealed plaintiff company.

Notification: B.D. Limited (C7281), 73, The Rose, Triq Napuljun Caruana Dingli, Ħal Tarxien

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

27 Lulju 2022

Notice 1319

1319

By means of a decree given on the 26th of July, 2022, by The Civil Court (Voluntary Jurisdiction Section) on application number 1247/2022 filed by Elizabeth Sant Fournier, wherein it has been ordered the opening and publication of the secret will of Giuseppe Fortunato Ellul, (ID 0546518M), widow of Iris Vera Ellul née Jasper, son of the late Salvatore Ellul and the late Giovanna Ellul née Mattei, born at Senglea, Malta, and died at Msida, Malta, on the 13th February, 2022, aged 103 years.

The opening and publication are going to be held on Tuesday, 27th September, 2022, at half past eight in the morning (8.30 a.m.) in Hall 17, at the Law Courts, Valletta, under the ministry of Notary Peter Fleri-Soler.

Antonia Dalli

For the Registrar, Civil Courts and Tribunals

27 Settembru 2022

Notice 1320

1320

ARB/C049/2022 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 26th July, 2022 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Rachel Montebello, LLD). Compilation Number 401/2022, in the case:

The Republic of Malta

Versus

MARIO DEGIORGIO, pensioner, 65 years, son of the late Lewis and the late Josephine née Bezzina, born in Marsa, Malta on the 11th May, 1957, and residing at 'De Port', Flat 4, Triq Stiefnu Zerafa, Marsa, and holder of Maltese identity card bearing number 371757M.

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 MARIO DEGIORGIO and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by him, and this in terms of Article 36 of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta, Article 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, and Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta.

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

27 Lulju 2022

Notice 1321

1321

ARB/C009/2020 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 21st October, 2021, given by the Criminal Court – the Honourable Mister Justice Dr Giovanni M. Grixti, LLD, in the case:

The Police

(Inspector Mark Anthony Mercieca)

Versus

NIKOLAI BONDIN, 27 years, son of Mario and Josephine née Vella, born in Tal-Pietà, Malta, on the 29th June, 1995, residing at 122, Velbon, Triq Wied il-Buni, Birżebbuġa, and holder of Maltese identity card bearing number 276995M.

The Court AUTHORISED the accused NIKOLAI BONDIN to close his two bank accounts ending in -2050 and -2051 and held with HSBC Bank Malta plc and that any balances in credit is to be considered as frozen together with all his other assets.

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 and Section 22A (3) of the Dangerous Drugs Ordinance, Cap. 101 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 Rachel Montebello LLD) on the 27th April, 2020, which was published in the Government Gazette on the 30th April, 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 NIKOLAI BONDIN.

The Director, Asset Recovery Bureau

28 Lulju 2022

Notice 1322

1322

By decree given by the Civil Court, First Chamber, on 15th July, 2022, in the acts of Sworn Claim number 543/2022AJD, which was presented on 2nd June, 2022, in the names: Juliette Tango Holdings Ltd vs Alpha Investments Ltd, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, inter alia: Declare and decide that the interest in the sum of six hundred and seven thousand and fourteen euro and seventy seven cents (€607,014.77c), is not an executive title in terms of Article 253(b) of Cap. 12 of the Laws of Malta, and the decree of 1st February, 2022, is completely annulled. With costs against the nominated applicant.

The Sworn Appeal in the names mentioned above is adjourned for 16th September, 2022, at 10.45 a.m.

Notification Respondent: Juliette Tango Holdings Ltd, Elaine Court, Apt 11, Triq is-Sibbien, Marsaskala

Register of the Superior Courts, today 27th July, 2022

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

For the Registrar, Civil Courts and Tribunals

27 Lulju 2022

Notice 1323

1323

By decree given by the Civil Court, First Chamber, on 14th June, 2022, in the acts of Sworn Claim number 359/2022GM, which was presented on 27th April, 2022, in the names Chetcuti Mark vs Mercieca Alessandro sive Alex, the following publication was ordered, a tenor of Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, inter alia: Order the defendant to appear on the final deed of relative sale and nominate and delegate the Notary Isabella Gonzi to publish the deed of relative sale on the day, time and place to be fixed by this Honorable Court. With all the costs against the defendant, who is from now summoned so that a reference to his evidence be made.

The Sworn Appeal in the names mentioned above is adjourned for 27th October, 2022, at 09.10 a.m.

Notification Respondent: Mercieca Alexander, Anil, 4, Triq il-Ħawt, Swieqi

Register of the Superior Courts, today 27th July, 2022

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

For the Registrar, Civil Courts and Tribunals

27 Lulju 2022

Notice 1324

1324

By decree given by the Civil Court, First Chamber, on 8th July, 2022, in the acts of the Sworn Appeal number 246/2022AJD, which was presented on 18th March, 2022, in the names Van De Wakker Saliba Catherine Vs Bonello Alexander, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, inter alia: Declare that the respondent has caused damage to the claimant and liquidate the value of the damage caused by the respondent, and if necessary with the help of a nominated architect, and order the respondent to pay the claimant the damages thus liquidated . With all the costs against the respondent, who is now liable for the submission.

The Sworn Appeal in the names mentioned above is adjourned for 20th October, 2022, at 9.20 a.m.

Notification Respondent: Bonello Alexander, 15, Triq il-Prof. Anton Tabone, Birżebuġa

Register of the Superior Courts, today 27th July, 2022

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

For the Registrar, Civil Courts and Tribunals

27 Lulju 2022

Notice 1325

1325

By decree given by the Civil Court, First Chamber, Constitutional Jurisdiction, on 9th March, 2022, in the acts of Constitutional Appeal number 807/2021MH, which was presented on 17th December, 2021, in the names Cassola Hector vs State Advocate et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Consequently, it gives him all the remedies it deems appropriate and opportune, including giving back to him the vacant and effective possession of the aforementioned premises and appropriate compensation for the entire period that the premises was occupied in violation of the applicant's rights. With costs against the respondents who are now summoned so that a reference to their evidence be made.

The Constitutional Appeal in the names mentioned above is adjourned for 12th October, 2022, at 9.00 a.m.

Notification Respondent: Cini Kylie, 120, High Street, Ħal Balzan

Register of the Superior Courts, today 27th July, 2022

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

For the Registrar, Civil Courts and Tribunals

27 Lulju 2022

Notice 1326

1326

By means of a decree of the 26th October, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1262/2021 in the names J Zammit Limited vs Gabriele Asaro the following publication was ordered for the purpose of effecting service on the respondent Gabriele Asaro in terms of Article 187(3) et seq of Cap. 12.

In the Court of Magistrates (Malta)

To: Gabriele Asaro (ID 182251A) of Aquilea, Fl 7A, Triq il-Port Ruman, San Pawl il-Baħar

By the present J. Zammit Limited (C37945) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, solicits you so that immediately you pay the amount of €1,826.80 besides legal interest from the due date of each bill of exchange till the date of effective payment representing 14 expired bills of exchange each of value €334.88, which bills of exchange were due on the 5th day of each month from March 2020 till April 2021 respectively (copies here attached and marked as Doc. A1-Doc. A14).

This judicial letter is being made in terms of Article 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 this Court grave and valid reasons to oppose the execution of these bills of exchange, thus this credit will be rendered executive title and all the executive warrants will be issued against you according to law.

So much so that you may know how to proceed and regulate yourself and with costs against you.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

27 Lulju 2022

Notice 1327

1327

Notice Registry of the Civil Court, First Hall

Whereas Maria-Iris Klaumann (ID No: 189874M) filed an application (numru 660/2022JVC) demanding the correction of the Act of Public Registry number 1898/1974 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

Notice 1328

1328

By decree of 11th April, 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) of the Code of Organisation and Civil Procedure (Cap. 12).

By a note filed in the Civil Court, First Hall on 1st April, 2022, by Joseph Camilleri (ID 237786M) and Bernice Camilleri (ID 0440385M) they are asking to enter as another execution creditor in the acts of the judicial sale number 46/21 in the names Ivan Ghio et vs Alexander sive Alex Mercieca (ID 85363M) in the sum of eighty thousand euro (€80,000) capital with costs and further interests and expenses according to a constitution of debt agreement dated 8th October, 2021, in the records of Notary Dr Tania Farrugia and an official letter dated 11th March, 2022, in the names of Joseph Camilleri et vs Alessandro Mercieca.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

09 Mejju 2022

Notice 1329

1329

By decree of 11th April, 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) of the Code of Organisation and Civil Procedure (Cap. 12).

By a note filed in the Civil Court, First Hall, on 30th March, 2022, by Joseph Camilleri (ID237786M) and Bernice Camilleri (ID 0440385M) they are asking to enter as another execution creditor in the acts of the judicial sale number 43/21 in the names Chester Holdings Limited (C74545) vs Alexander Mercieca (ID 85363M) in the sum of eighty thousand euro (€80,000) capital with costs and further interests and expenses according to a constitution of debt agreement dated 8th October, 2021, in the records of Notary Dr Tania Farrugia and an official letter dated 11th March, 2022, in the names of Joseph Camilleri et vs Alessandro Mercieca.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

17 Mejju 2022