Court Notices published in Government Gazette No. 21,008 of 17th February 2023

By decree given by the Civil Court, First Hall on the 13th February, 2023,  on the application of Seabank Hotel and Catering Limited (C40319), Tuesday, 20th June, 2023, 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:

Two garages internally numbered five (5) and six (6) on the second level (upper basement) forming part of a building of basement garages with car access entrance from Triq il-Merluzz and exit from Triq it-Turisti in Qawra, St Paul's Bay. The usage of these two garages was changed as garages were connected with another two immovable properties next to garage number six (6), previously also garages, numbered seven (7) and eight (8). This underground space which previously was occupied by a total of four garages changed to a kitchen and an office. Vertical connections were made in the space previously garage number six (6) with the overlying property; 'Da Michele' cafeteria, situated in Triq il-Maskli corner with Triq it-Turisti, St Paul's Bay. These connections consists of an internal staircase and also a hoist (lift) for uploading and unloading food and objects related to the kitchen underlying the cafeteria. The tenement which was garage number five (5) has a basement common driveway, with in perpetual and uninterrupted access from a drive in which provides access, and which garages are without airspace and without their sub terrain, subject and enjoys the servitudes resulting from their position, with the right of perpetual and uninterrupted use and with access with vehicle and on foot of the common areas and services of the garage complex and valued at one hundred and five thousand euro (€105,000).

The said tenement is the property of Portelli Joseph Mary (ID536861M) and Portelli Anna (ID371660M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 9/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, on 15th November, 2022, in the acts of Sworn Application number 879/2022FDP, which was presented on 27th September, 2022, in the names: Laferla Daniela vs Scirocco Heights 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, among others: It orders the defendant society to pay the plaintiff the entire sum thus liquidated.

The Sworn Application in the names mentioned above is postponed to 6th March, 2023, at 9.30 a.m.

Notification Respondent: Scirocco Heights Ltd, 48, Triq Castro, Naxxar

Register of the Superior Courts, today 9th February, 2023

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 13th February, 2023, and upon an application numbered 156/2023, ordered:

The Director of the Public Registry so that when he comes to register the Act of Birth of Luke Peter McRoy-Jones in the Malta Public Registry, he effects the necessary annotations or corrections so that it appears that the suname of Luke Peter McRoy-Jones should appear as 'Mcroy-Jones' and not 'Jones' and therefore in the relative columns of the Act of Birth the surname 'Mcroy-Jones' is recorded.

Court of Revision of Notarial Acts

ADV. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.), M. NOT. ST (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

By decree given by the Civil Court, First Hall on the 14th of February, 2023, on the application of APS Bank plc previously APS Bank Limited (C2192), Thursday, 20th April, 2023, 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 tenement which consists of a maisonette on the groundfloor level, numbered one hundred and fifty eight (158), named 'Il-Kenn', forming part of a block known as Letter G, in Triq is-Silla, corner with Triq il-Ħamrija, Marsaskala, forming part of a larger complex, built on a plot of land numbered from number eleven (11) till number twenty four (24), on the land known as 'Tan-Nadur', with entrance from a separate entrance with a front garden, and is overlying and underlying third party property and has in common with the properties of the same block the drainage system and is subject to the resulting servitudes from its position in favour of the overlying tenement, bounded north with Triq Patri Wistin Bord, south with Triq is-Silla and west with Triq il-Ħamrija or any other correct boundaries, free and unencumbered, and is valued at two hundred and ten thousand euro (€210,000).

The said tenement is the property of Agius Vincent (ID 77851M) and Agius Pauline (ID 797154M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 10/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree delivered by the Court of Appeal (Inferior Jurisdiction) on 24th January, 2023, in the records of Appeal Application number 13/2022 in the names Abdel Halim Ibrahim (KI 487695(M) and Budget Service Limited (C1285) vs the Planning Authority and the called in suit 'In-Sight Investments Limited' (C42371) ordered the following publication in regard to In-Sight Investments Limited in terms of section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of Appeal Application No. 13/2022 in the names Abdel Halim Ibrahim (ID 487695(M) and Budget Service Limited (C1285) vs the Planning Authority and the called in suit 'In-Sight Investments Limited', the appellants Abdel Halim Ibrahim (ID 487695(M) and Budget Service Limited (C1285) filed an appeal before the Environment and Planning Review Tribunal wherein they objected to the issuance of permit number PA/02819/20, which was granted on 15th April, 2021, in favour of the respondent company.

Whereas in virtue of a decision of the Environment and Planning Review Tribunal, dated 1st March, 2022, it rejected the appellants' appeal and confirmed the permit as issued in PA/2819/20. The appellants raise two grounds of appeal: (i) the regularization of permit RG 4109/18 should never have been authorised because the procedure was lacking in one of the important and mandatory requirements before the regularization permits could be granted, and (ii) the appellants do not agree with the conclusions of the Environment and Planning Review Tribunal when it concluded that nothing has changed from the substance of the regularisation permit.

Therefore, the appellants whilst making reference to the evidence produced and reserving the right to produce all the evidence allowed by law, respectfully request that this Honourable Court of Appeal revokes the aforementioned decision of the Environment and Planning Review Tribunal of 1st March, 2022, in the aforementioned names, and instead decides by upholding the appellants' request and revokes the permit issued by the Planning Authority bearing number PA/02819/20.

Appeal Application number. 13/2022 in the names Abdel Halim Ibrahim et vs the Planning Authority et is deferred to the 15th March, 2023, at 8.30  a.m.

Notification:   In-Sight Investments Limited (C42371), Park Towers Mall, Triq Borg Olivier, St Julians

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Executive Officer of the Magistrates' Court (Gozo)

It is hereby declared that by a decree given on the 16th January, 2023, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below in terms of article 931 (3) of the Code of Organisation and Civil Procedure.

By a decree given on the 16th January, 2023, it was ordered that a deputy curator be chosen according to the law to represent the unknown person or persons entitled to the payment of the perpetual ground rent of the immovable below described in the schedule of deposit and redemption of ground rent bearing number 428/2022 in the names Lee Camilleri et vs Deputy Curators in order to represent the unknown person or persons entitled to the payment of the perpetual ground rent of the property described below, which schedule of deposit was filed on the 7th December, 2022, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, and in all other relative and subsequent acts.

The immovable property of this schedule is a plot of land located in Nadur, Gozo, known as 'Ta' Majża' measuring circa one hundred and forty square meters (140m2) and bordered on the north-west by the road, on the south-west with property of Michael Mifsud or his successors in title and on the south-east in part with the property of the heirs of Paul Camilleri or their successors in title and in part with the property of the applicants and in part with the property of the Portelli family or their successors in title, as shown on the plan attached to the schedule, subject to the annual and perpetual ground rent of thirty-one cents (€0.31c), which capitalized at five percent (5%) amounts to six euros and twenty cents (€6.20c), which sum is being deposited under the authority of the Court and which may be freely withdrawn by the respondent on condition he tenders relative receipt.

That the applicants wish to avail themselves of the faculty given to them by article 1501 et sequitur of the Civil Code, and redeem this ground rent according to the law.

You, executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of this notice at the entrance of this Court and thereby summon anyone who wants to enter as a curator to appear within a period of six (6) days in this Registry and make a note declaring that he so accepts.

You are also ordered to inform each one that if they do not make this declaration within the time given above, this Court will proceed to choose a curator of the office. And after you have done this, or if you encounter any obstacle in the execution of this order, you should inform this Court.

Given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, mentioned above, with the testimony of Magistrate Dr Brigitte Sultana, LLD, LLM, (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the aforementioned Court.

Superior Jurisdiction, General Section

John Vella

Deputy Registrar, for the Registrar, Courts and Tribunals (Gozo)

Banns for Curators

Republic of Malta

To the Executive Officer of the Magistrates' Court (Gozo)

It is hereby declared that by a decree given on the 16th January, 2023, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below in terms of article 931 (3) of the Code of Organisation and Civil Procedure.

By a decree given on the 16th January, 2023, it was ordered that a deputy curator be chosen according to the law to represent the unknown person or persons entitled to the payment of the perpetual ground rent of the immovable below described in the schedule of deposit and redemption of ground rent bearing number 429/2022 in the names Lee Camilleri et vs Deputy Curators in order to represent the unknown person or persons entitled to the payment of the perpetual ground rent of the property described below, which schedule of deposit was filed on the 7th December, 2022, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, and in all other relative and subsequent acts.

The immovable property object of this schedule of deposit is a plot of land on which the house numbered 42, Triq tad-Duru, Nadur, Gozo, measuring approximately five hundred and ninety-six decimal point four square metres (596.4m2) is now built, and bounded on the east with the property of Salvu Portelli or his successors in title, on the south with the property of Pietru Vella or his successors in title, and with the property of Ganni Camilleri or his successors in title, and north with property of Paul Camilleri or his successors in title, as shown on the plan attached to the schedule of deposit, subject to the annual and perpetual ground rent of twelve cents (€ 0.12c), which capitalized at five percent (5%) amounts to two euro and forty cents (€2.40c), which sum is being deposited under the authority of the Court and which may be freely withdrawn by the respondent on condition he tenders relative receipt.

That the applicants wish to avail themselves of the faculty given to them by article 1501 et sequitur of the Civil Code and redeem this ground rent according to the law.

You, executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of this notice at the entrance of this Court and thereby summon anyone who wants to enter as a curator to appear within a period of six (6) days in this Registry and make a note declaring that he so accepts.

You are also ordered to inform each one that if they do not make this declaration within the time given above, this Court will proceed to choose a curator of the office. And after you have done this, or if you encounter any obstacle in the execution of this order, you should inform this Court.

Given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, mentioned above, with the testimony of Magistrate Dr Brigitte Sultana, LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the aforementioned Court.

Superior Jurisdiction, General Section

John Vella

Deputy Registrar, for the Registrar, Courts and Tribunals (Gozo) 

By means of a decree of the 7th February, 2023, of the Civil Court (Family Section), in the records of the Warrant of Prohibitory Injunction restraining a person from taking a minor outside Malta in the names Mohammed Amine Hanfouri vs Anca Florentina Hanfouri, Warrant number 18/2023 JPG, the following publication was ordered for the purpose of effecting service on the respondent Anca Florentina Hanfouri 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 Mohammed Amine Hanfouri (ID 166698A) vs Anca Florentina Hanfouri (ID 166489A) in the acts the Warrant of Prohibitory Injunction restraining a person from taking a minor outside Malta, filed in the Civil Court (Family Section), on the 20th January, 2023, the applicant Mohammed Amine Hanfouri respectfully requests this Honourable Court so:

That the applicant has an interest that the minor, hereinafter indicated, be not taken outside Malta;

That the respondent is the person having, or who might have, the legal or actual custody of the said minor.

Wherefore, the applicant respectfully requests that this Court orders the issue of a warrant of prohibitory injunction against the respondent's enjoining her not to take, or allow anybody to take, the said minor out of Malta;

Particulars of the minor: … omissis …

Applicant: St Gaetan, Triq l-Istitut Bonnici, Santa Venera

Notification respondent: 63, Triq il-Kwarta, Swieqi

Notification:

1. Passport Official, Gudja

2. Director General Customs

3. Virtu Ferries, Marsa

4. Airport Schengen Area

5. Commissioner of Police

6. Passport Official, Marsa

Civil Court (Family Section), Hon Madame Justice Jacqueline Padovani Grima, LLD, LLM (IMLI)

The Court,

Saw the application;

Provisionally upholds the request for the period of thirty days from today up to thirty days from the date of notification of the respondent, on condition that if up until that date, the request for the issuance of this warrant would have been finally decided, this decree no longer remains applicable and if up until that date, the request would not have been finally decided, this Court will then give further directions.

The Court orders the notification of this decree to the counterparty who ought to reply within a week and appoints the application for hearing for the 7th February, 2023, at 9.30. a.m., which hearing was postponed to the 20th February, 2023, at 9.15 a.m. subject to notifying the parties and the competent authorities.

Orders that the respondent shall deposit any passport or such travel documents of the girl under the authority of this Court within 24 hours.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals