Court Notices published in Government Gazette No. 21,063 of 2nd June 2023

By means of a decree given on the 11th April 2023, in the records of the judicial letter number 364/2023, in the names Permanent Secretary in the Ministry for Health vs Christopher Churu, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service on the respondent, in terms of Article 187(3) of Chapter 12.

By means of a judicial letter filed in the Court of Magistrates (Malta) against Christopher Churu (ID 256669A) of Mayfair Court, Flat 5B, St Anthony Street, Marsascala, on the 1st February 2023, Permanent Secretary of the Ministry for Health of 11, Castellania, Triq il-Merkanti, Valletta, solicits you so that within one week from this letter you pay the amount of €2,406 representing overpayment done from Mater Dei Hospital. Any payment has to be addressed to the Cashier Malta Government – Ministry for Health and sent/taken in the Finance Department of Mater Dei Hospital.

In default the interpellant shall proceed furtherly against you without further notice with the issuance of the opportune warrants according to law.

This letter is sent to you in terms of articles relative to the Civil Code (Chapter 16) of the Laws of Malta.

So much for your own guidance.

With interest and costs of this present till the effective payment.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, on 24th April 2023, in the acts of Sworn Application No. 926/2022DC, which was presented on 11th October 2022, in the names: Borg Paul et vs Esposito Daniel, the following publication was ordered, pursuant to Article 187(3) et seq. of Chapter 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemn the defendant to pay the damages thus liquidated. With all costs and with legal interest against the defendant who is now summoned to testify.

The Sworn Application in the names mentioned above is postponed to 12th June 2023 at 9.00 a.m.

Notification Respondent: Esposito Daniel. 89B, Triq iż-Żurrieq, Birżebbuġa.

Register of the Superior Courts, today, 29th May 2023.

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 24th of April, 2023 on the application of HSBC Bank Malta p.l.c. (C 3177), Tuesday, 11th July, 2023 at half past eleven in the morning (11:30 am), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Republic Street, Valletta of the following property.

The ground floor maisonette numbered five A (5A), underlying another third party maisonette,  with a direct entrance from the alley known as Sqaq San Ġwann number seven (7) which abuts onto Triq San Ġwann, in Zejtun, without its airspace, free and unencumbered, with all its rights and appurtenances, and as subject to the active and passive servitudes resulting from its position in the block, with regards to the overlying maisonette, including the right to install a water tank having a capacity of not larger than one thousand litres (1000L),  a television aerial and/or satellish dish not wider than one point five metres (1.5m) in diameter, as well as two airconditioning units and solar water heater on the roof of the overlying said maisonette. The overlying maisonette of the said ground floor maisonette enjoys the right of drainage and rain water pipes, as better described in the procurement contract in the acts of Notary Dr Pierre Cassar published on the fifteenth of January of the year two thousand and seven (15.01.2007), and is valued as one hundred and twenty thousand Euro (€120,000).

The said tenement is the property of Lorraine Mariam Carmen Maskell (ID 292000L) and by decree dated 23rd July, 2019 Dr Dustin Camilleri and LP Madeline Firman were appointed as Deputy Curators to represent the absent.

N.B. The said tenement will be sold as described in the acts of judicial sales number 54/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

ARB/C019/2023 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 25th May, 2023 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Rachel Montebello LL.D.). Compilation Number 175/2023, in the case:

The Republic of Malta

Versus

CLAIRE-MARIE SCICLUNA, 44 years, daughter of the late Mario Scicluna and Dolores Maria Scicluna née Muscat, born in St. Julianʼs, Malta on the 24th April, 1979, and residing at 115, ʼRubyʼ, Triq Rużar Briffa, Mosta and holder of Maltese Identity Card bearing number 317179M.

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 CLAIRE-MARIE SCICLUNA and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by her, and this in terms of Article 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta as made applicable by Article 23A (2) of the Criminal Code, Chapter 9 of the Laws of Malta and Article 36 of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta.

The Court AUTHORIZED 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, after the accused indicates with a note from where she is perceiving this money.

Any person who acts in contravention of the court order mentioned in Article 5, Article 23A, 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 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.

Mr Anton Sevasta

Director, Asset Recovery Bureau

By decree delivered by the Court of Appeal (Superior Jurisdiction) on 2nd May, 2023, in the records of Appeal Application No. 779/2019 in the names Mediterranean Trading Shipping Company Limited (C-365) vs the Vessel M/T TURU registered in Panama with the number M08408777 and, by means of a decree dated 24th June, 2020, Dr Graziella Tanti and I-LP Peter Paul Sammut were appointed as Deputy Curators for the same vessel; The Malta Transport Authority; The Director Civil Courts and Tribunals; The Director General (Courts); KS Shipping Malta Limited, and Pendennis Company Limited for any interest they may have (C638886) the court ordered the following publication in regard to the said Pendennis Company Limited pursuant to section 187(3) et sequitur of Chapter 12 of the Laws of Malta.

Whereas by means of Appeal Application No. 779/2019 filed on 21st December, 2022 in the above names, the appellant company, Mediterranean Trading Shipping Company Limited felt aggrieved by the judgment delivered by the First Court on 24th November 2022, and is interposing this appeal based on four grounds: i) regarding the first preliminary plea by KS Shipping Malta Limited regarding the legitimate defendant; ii) regarding the first preliminary plea by the Director General (Courts) concerning the legitimate defendant; iii) regarding a wrong appreciation of Act 425 of the Laws of Malta, Act 499 of the Laws of Malta and of section 187(7) of Chapter 12 of the Laws of Malta and iv) a wrong evaluation of section 173 of Chapter 12 of the Laws of Malta.

Therefore, the appellant company, Mediterranean Trading Shipping Company Limited, is requesting this Honourable Court of Appeal to uphold the appellant companyʼs grievances and consequently to cancel and revoke the appealed judgment delivered by the First Hall of the Civil Court dated 24th November, 2022, and to uphold all the claims by the appellant company Mediterranean Trading Shipping Company Limited, with costs against the appellants.

Notification:   Pendennis Company Limited (C638886) - OCEAN1, TRIQ IS-SIEGĦ, SWIEQI, SWQ2400.

Dr. Franco Bondin LL.D., M.Jur.

For the Registrar, Civil Courts and Tribunals

By a decree given on the 26th May, 2023 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 Organization and Civil Procedure (Chapter 12).

By the application filed in the Civil Court First Hall on the 9th March, 2023 by Maria Cutajar née Schembri, Judicial Sale number 6/23 in the names Maria Cutajar née Schembri ID344667M vs Carmel Cutajar ID 100856M is being asked that the Court orders the sale by auction of the:

The house numbered ten (10) and named ʼŻerniqʼ in Triq Ħad-Dingli, Rabat Malta.

The said house is the property of Maria Cutajar née Schembri and Joseph Cutajar

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

ARB/C020/2023 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 26th May, 202,3 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Noel Bartolo, LLD). Compilation Number 401/2023, in the case:

The Police

(Inspector Mark Anthony Mercieca)

(Inspector Alfredo Mangion)

Versus

MOHAMED M. ALI AL MUSRATI, 37 years, son of the late Muhtar and the late Harija/Khiria, born in Libya on the 1st January, 1986, and residing at 29, 'Parva', Triq il-Palm, St Julian's, and holder of Maltese identification document bearing number 102037A.

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 MOHAMED M. ALI AL MUSRATI 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 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta, and Article 36 of the Proceeds of Crime Act, Cap. 621 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, from which it shall be specified what moneys may be paid or received by the accused during the existence of this order, including the source, method and other modalities of payments including salary, wages, pension and/or social security benefits. 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.

Any person who acts in contravention of the court order mentioned in Article 22A, Article 23A, 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.

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C022/2023 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 26th May, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Noel Bartolo, LLD). Compilation Number 403/2023, in the case:

The Republic of Malta

Versus

MOHAMED ALI AHMED ELMUSHRATY, self-employed, 31 years, son of Ali Ahmed/Ahmad Almusrat and Hela Tiyari, born in Tunisia on the 28th August, 1991, and residing at Block 32, Flat 3252, 'Panta Court', Vjal Portomaso, St Julian's, and holder of Maltese identification document bearing number 136403A.

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 MOHAMED ALI AHMED ELMUSHRATY 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 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta, and Article 36 of the Proceeds of Crime Act, Cap. 621 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, from which it shall be specified what moneys may be paid or received by the accused during the existence of this order, including the source, method and other modalities of payments including salary, wages, pension and/or social security benefits. 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.

Any person who acts in contravention of the court order mentioned in Article 5, Article 23A, 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.

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C022/2023 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 26th May, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Noel Bartolo LLD). Compilation Number 402/2023, in the case:

The Police

(Inspector Mark Anthony Mercieca)

(Inspector Alfredo Mangion)

Versus

HAMZA GORAI, employed, 27 years, son of Dris and Aisha née Al Mickshta, born in Morocco on the 22nd May, 1996, and residing at 29, 'Parva', Triq il-Palm, St Julian's and holder of Maltese identification document bearing number 222281A.

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 HAMZA GORAI 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 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Article 23A of the Criminal Code, Cap. 9 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 mentioned in Article 22A, Article 23A, 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.

Mr Anton Sevasta

Director, Asset Recovery Bureau

By a decree of the 27th May, 2023, given by the Courts of Magistrates (Malta), 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).

That by the application filed by Automated Revenue Management Services Limited (C46054) on the 4th of March, 2022, is asking for the withdrawal of the amount of seven thousand, two hundred and fifty euro (€7250.00) deposited by the Schedule of Deposit number 454/22 in the names of:

Automated Revenue Management Services Limited (C46054) in its own name and on behalf of Enemalta plc and Water Services Corporation vs Borg Carmelo (ID 59645M).

The Court ordered the notification of the said application to the respondents with seven (7) days from it's notification to file a reply.

Gaetana Aquilina

For Registrar of Courts and Civil Tribunals

By decree given by the Civil Court, First Hall, on the 29th May, 2023 on the application of HSBC Bank Malta plc (C3177), Tuesday, 7th November, 2023, 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:

Apartment number three (3) marked letter 'E', situated on the third floor level forming part of a block of apartments number 253 and 255, Triq D'Argens, Gżira, subject and enjoys active and passive servitudes resulting from its position, with perpetual usage right of the common block areas and which areas include the block entrance, the stairs and stairwell up till the roof, the lifts and the lift shaft and the right of usage of the roof only to install and maintain the water tank and television aerial or satellite dish on it, with right of access to the roof in reasonable hours for maintenance of same services. The apartment has direct access from the common areas from Triq D'Argens, served with a lift not yet installed, free and unencumbered, with all its rights and appurtenance, and valued at two hundred and five thousand euro (€205,000).

The said tenement is the property of Nawafleh Abdallah Ahmed (ID 24907A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 56/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By a decree of the 24th April, 2023, given by the Courts of Magistrates (Malta), 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).

That by the application filed by Vodafone Malta Limited (C10865) on the 28th July, 2022, is asking for the withdrawal of the amount of two thousand, one thousand, one hundred, ninety-seven euro and eighteen cents (€1197.18) deposited by the Schedule of Deposit number 1113/2022 in the names of:

Vodafone Malta Limited today Epic Communications Limited (C10865) vs Matthew Xuereb (ID 431682M)

The Court ordered its notification to the respondent with two (2) days to file a reply.

Gaetana Aquilina

For Registrar of Courts and Civil Tribunals

With a decree issued by the Civil Court, First Hall, Commercial Section, on the 29th March, 2023, in the acts of Sworn Application number 1/2023ISB, which was presented on 11th January, 2023, in the names: Camilleri Raymond et vs Allin One Turnkey Services Ltd 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: Declare and decide that the respondent Kawtar El Matarjji should be responsible for making a payment toward the company's assets in terms of Article 316 of Cap. 386 of the Laws of Malta.

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

Notification Respondent: Di Modugno Luca. 52, Annathot, Flat 1, Triq is-Sajf, St Paul's Bay

Register of the Superior Courts, today 31st May 2023

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 on the 1st of June, 2023, by The Civil Court (Voluntary Jurisdiction Section) on an application number 951/2023 filed by Notary Dr Naomi Mugliette, wherein it has been ordered the opening and publication of the secret will of Maria Griscti, (ID 0352827M), spinster, daughter of the late Vincezo Griscti and the late Carmela Griscti née Gatt, born in Gudja, Malta, and died in Msida, Malta, on the 14th January, 2023, aged 95 years.

The opening and publication are going to be held on Thursday, 13th of July, 2023, at half past eight in the morning (8.30 a.m.) in Hall 17, at the Law Courts, Valletta, under the ministry of Notary Dr Naomi Mugliette.

Dr Federico Barbaro-Sant

For The Registrar Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Rachelle Bach Sakka (ID 512976M) filed an application (number 514/2023JVC) demanding the correction of the Act of Marriage number 1958/2005 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,

Cora Catania

For Registrar, Civil Courts and Tribunals

By means of a decree of the 23rd September, 2022, given by the First Hall of the Civil Courts, in the records of the judicial letter number 4857/2019, in the names Commissioner of Revenue vs Emanuel Fenech, ordered the following publication for the purpose of service in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the First Hall of the Civil Courts against Emanuel Fenech (ID 286939M) of 10, flt 1, Triq l-Għollieq, Santa Venera, on the 10th December, 2019, Commissioner of Revenue of Department of Inland Revenue, Floriana, calls upon you so that within two days you pay the sum of €324,118 as for the amount of €82, 873 representing the tax from the income and provisional tax for the years of assessment 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and 2017 and as for €241,245 as additional tax and interest according to the Notice/Demand for Payment here attached animo ritirandi and marked as Doc. A.

As you failed to pay the amount due the interpellant notwithstanding the request for payment (see the same Doc. A above mentioned), the interpellant warns you that if you fail to pay the amount due within the time given he will proceed for the execution of the title obtained in terms of Article 40 of the Act regarding the Tax Administration.

Pay the costs of this act.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 23rd February, 2023, of the Rent Regulation Board, in the records of the Application in the names John Emanuel Curmi vs Vincent Brincat, Application number 41/2023JM, the following publication was ordered for the purpose of effecting service on the respondent Vincent Brincat 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 John Emanuel Curmi (ID 0138452M) vs Vincent Brincat filed before the Rent Regulation Board, on the 27th January 2023, the applicant John Emanuel Curmi (ID 0138452M) requested this Honourable Board to:

1.  Determine and decide this case without proceeding to trial in terms of Article 16A of Cap. 69 of the Laws of Malta;

2. Declare the respondent does not have right for protection in occupying the said premises.

3. Declare dissolved the relative lease and consequently that the respondent is occupying the said premises in 69, Xatt is-Sajjieda, Marsaxlokk, without any valid title at law;

4. Order the eviction of the respondent from the premises property of the applicant and that is from the premises holding number 69, Xatt is-Sajjieda, Marsaxlokk, and this within a short and peremptory time that is fixed by this Board – as above mentioned and for the reasons premised.

Reserving any other action by the applicant including the payment of any amount that may be due till the date of effective surrender to the applicant, and with costs including those of the legal letter of the 14th December, 2022, against the respondent who is from now summoned so that a reference to his oath be made.

Applicant: 40A, Triq San Piju V, Tas-Sliema

Notification respondent: 4, Santa Margerita, Dawret il-Wied, Mosta

The application in the names John Emanuel Curmi vs Vincent Brincat, Application number 41/2023JM, has been postponed for hearing to the 27th June, 2023, at 10.55 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals