Court Notices published in Government Gazette No. 21,086 of 14th July 2023

DKR 1/2023 – General Interdiction

It is being notified that by judgement dated 20th June, 2023, given by the Court of Criminal Appeal (Hon. Justice Dr Neville Camilleri, LLD), Appeal number 293/2017, in the case in the names:

The Police

(Inspector Kylie Borg)

vs

Massimo Abela, 49 years, born in Tal-Pietà, Malta, on the 22nd November, 1973, residing at Blk D, Door B, Fl. 5, Triq Pietro Gagliardi, Ħal Tarxien, Malta, and holder of Maltese identity card bearing number 522073M.

The Court ordered the general interdiction, also the interdiction to serve as a witness, except before the Courts of Justice, and as an architect, in any case and this for a period of ten (10) years starting from judgement date of the said Massimo Abela and this according to section 109 of Cap. 9 of the Laws of Malta.

This is being published according to section 10(7) of Cap. 9 of the Laws of Malta.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals

By decree given by the Civil Court, First Hall, on the 20th March, 2023, on the application of HSBC Bank Malta plc (C3177), Tuesday, 26th September, 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:

The groundfloor tenement consisting of a maisonette, with direct access onto the kerb, with official number thirty eight (38) formerly numbered twenty nine (29), in Triq Farsons, Ħamrun, including the backyard, underlying third party property, with dividing walls with adjacent third parties property, excluding its airspace however including its subterrain. The maisonette is situated on two floors, including the yard on the groundfloor level and a well which although the procurement contract of Notary Ivan Barbara dated sixteenth July, two thousand and nine (16.7.2009) mentions that this tenement has a common well with the adjacent property, today this is converted into a basement, which is accessible from this tenement by a spiral staircase. With the right of maintenance of a water pipe which was attached by third parties in the yard of tenement number thirty eight (38), free and unencumbered, and this as described in the acts of Notary Ivan Barbara of the sixteenth of July, two thousand and nine (16.07.2009) and is valued at one hundred and seventy thousand euro (€170,000).

The said tenement is the property of Borg Brian (ID 10576M) and Borg Elena Catalina (ID 277812L formerly holder of identity card number 31482A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 27/2022.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

1459

By means of a decree delivered by the Court of Appeal (Superior jurisdiction) on the 4th May, 2023, in the records of the Appeal application number 443/2009 in the names Carmel Vella and Manuel Vella vs Vincenza Cassar, Sapienza Ellul and Giovanna Ellul, the Court ordered the following publication in regard to the said Vincenza Cassar in terms of section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas by means of Appeal Application number 443/2009 filed on the 14th July, 2022, in the names above premised, the appellants Carmel Vella and Manuel Vella are filing an appeal before this Court of Appeal against the judgment of the 23rd June, 2022, delivered by the First Hall of the Civil Court upholding the second plea of the respondents Sapienz Ellul and Giovanna Ellul, as well as the fourth plea of the respondent Vincenza Cassar, and it abstained from taking cognizance of the other pleas and passed on to dismiss the plaintiffs' demands with costs against the applicants and thus the applicants feel aggrieved by this judgment delivered by the First Hall of the Civil Court.

Therefore the appellants are humbly asking this Honourable Court of Appeal to annul and revoke the judgment by the First Hall of the Civil Court on the 23rd June, 2022, in the names premised and instead dismiss the second plea of the respondent defendants Sapienz Ellul and Giovanna Ellul as well as the fourth plea of the respondent defendant Vincenza Cassar and this whilst referring the records back to the First Hall of the Civil Court.

With costs of both instances against the respondents.

Notification: Vincenza Cassar, 21, Triq it-Torri, Qrendi

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

​By means of a decree given by the Court of Appeal (Superior Jurisdiction) on the 24th April, 2023, in the records of Appeal Application number 253/2017 in the names Martha Gatt vs Antonio Gatt, the court ordered the following publication in regard to the said Antonio Gatt in terms of section 187 (3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas by means of Appeal application No. 253/2017 filed on the 20th February, 2022, in the names above premised, the appellant Martha Gatt is appealing from the judgment of the Honourable First Court in the names premised, which decision was given on 26.10.2022.

Therefore, the appellant humbly requests that this Honourable Court of Appeal grants her the faculty to submit all the evidence together with this application in order that all this can be considered by this Honourable Court during its deliberations for the determination of the appeal de quo according to sections 145 and 150 et sequitur of Cap. 12 of the Laws of Malta and under those directives/orders it deems fit and opportune.

Notification: 421, Dielja, Vjal l-Indipendenza, Żurrieq

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by virtue of a decree given on the 28th June, 2023, by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, in the acts of application for revocation number 49/2023 in the names 'Martin Cali versus Barbara Alison Christina Throtman' following garnishee order with same reference number and same names, filed in the Registry of the same Court on 1st of June, 2023, the publication of the extract reproduced below was ordered and this to serve as notification with regard the respondent Martin Cali of Flat 1, Blackfrairs St Complex, Triq A. M. Caruana, Baħar iċ-Ċagħaq, and this in terms of article 187(3) of Cap. 12 of the Laws of Malta.

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

Application for revocation number 49/2023

In the acts of garnishee Order number 49/2023 (SG) in names:

Martin Cali

vs

​Barbara Alison Christina Throtman

Urgent application by Advocate Jonathan Mintoff on behalf of Barbara Alison Trotman (ID card number 18987A) of Flat 1, Carefree, Triq Daħlet Qorrot, Nadur, Gozo, in terms of Article 836 of the Cap.. 12 of the Laws of Malta

Respectfully submits:

Whereas by means of the present garnishee order, the sum of €34,750.85) has been attached (a copy of said garnishee order is attached and marked as Doc. A);

Whereas preliminarily the applicant submits that she is disputing the garnishee's claims in their entirety;

​Whereas in connection with the said garnishee order, two schedules of deposit were made, both by Bank of Valletta plc, one filed on the 14th day of April, 2023 (schedule of deposit number 110/23), and the other one filed on the 26th day of May, 2023 (schedule of deposit number 149/23) a copy of which schedules of deposit are herewith attached and marked as Doc. B and C respectively.

Whereas through the aforementioned schedules of deposit the amount indicated by the said garnishee in the garnishee order has been deposited;

Given that the amount indicated in the garnishee order has now been deposited, and in order for the Banks not to deposit any more money, the applicant is asking this Honourable Court to order the garnishee banks not to deposit the attached money, but to declare that sufficient funds have been seized to cover the claimed amount according to the law, and subsequently to issue the relative counter warrant;

In the circumstances, the applicant believes that there is reason for this Honourable Court not only to annul the garnishee order against the applicant. Therefore, taking into account the aforesaid, the applicant respectfully requests that this Honourable Court to be pleased, prior to any other necessary or otherwise appropriate declaration to:

i. Pendente lite order the garnisheed banks not to make any further deposits pending the outcome of this application,

ii. Treat this application with urgency in view of the aforementioned, with the abridgement of the legal timeframes,

iii. Revoke the garnishee order mentioned above and this in terms of Article 836 (1)(c) and/or under the terms of Cap. 12 of the Laws of Malta;

And this under any condition that this Honourable Court deems appropriate and opportune.

With costs against Martin Cali. With reservation for any further procedure against the said Martin Cali.

(signed) Adv. Jonathan Mintoff

The application is deferred for hearing to 22nd of July, 2023, at 9.10 a.m. in the Gozo Court building.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

Notice, Registry of the Civil Court (Family Section)

Whereas the Temim Elan passport number 0108979501760 presented an application (number 155/23AGV) demanding corrections in Salma Bonavia's Act of Birth number in the Public Registry.

Whoever 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,

Cettina Gauci

For 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 8th July, 2023, and upon an application numbered 617/2023, ordered:

The Director of the Public Registry, so that when he comes to register the Act of Birth of Anne Elizabeth Donnellon Burkley in the Malta Public Registry, he makes the appropriate annotations or corrections so that it appears that the name of Anne Elizabeth Donnellon Burkley should appear as 'Anne Elizabeth Donnellon' and not as 'Anne Elizabeth'.

Court of Review of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 8th July, 2023, and upon an application numbered 621/2023, ordered:

The Director of the Public Registry to make the appropriate annotations or corrections in the Applicant's Birth Certificate number 7808/1940 so that it appears that the applicant's name should appear as 'Mary' wherever it appears and not as 'Maria' and for the name 'Maria' to be replaced by the name 'Mary'.

Court of Review of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 8th July, 2023, and upon an application numbered 619/2023, ordered:

To the Director of the Public Registry to make the appropriate annotations or corrections in the Death Act of Anthony Cassar number 4724/1939 so that it appears that the deceased's father's name is 'Giovanni' and not 'Francis' and that the mother's surname of the deceased is 'Axiak' and not Magro. Therefore, the name 'Francis' should be canceled wherever it appears and replaced with the correct name of 'Giovanni' and the surname 'Magro' should also be canceled wherever it appears and replaced with the correct surname 'Axiak'.

Court of Review of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

By decree issued by the Civil Court, First Hall, on 16th May, 2023, in the acts of Sworn Application number 231/2023FDP, which was presented on 7th March, 2023, in the names: Debono Raymond Dr vs Sammy Borg Enterprises 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: In the absence of the defendants and/or any of them doing what was ordered to them in the time prefixed to them, authorise the plaintiff to do all those necessary works under the supervision of the same nominated architects for the purpose of the second request, and this at the expense of the same defendants and/or any of them. With the costs against the defendants who are now summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 28th September, 2023, at 9.30 a.m.

Notification Respondent: Sammy Borg Enterprises Ltd, Borg Sammy, 42, Bernardette Court, Blat 7, Triq Bernardette, San Ġwann

Register of the Superior Courts, today 10th July, 2023

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

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, on 28th June, 2023, in the acts of Sworn Application number 523/2023FDP, which was presented on 22nd May, 2023, in the names: Exalco Properties Ltd vs DWP Malta 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: The respondent society should not be condemned to pay the plaintiff society the sum of two hundred and fifty two thousand, two hundred and fourteen euro and seven cents (€252,214.07). With all costs and legal interest against the defendants who are now summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 8th November, 2023, at 9.30 a.m.

Notification Respondent: Sauerborn Philip, Director DWP Malta Ltd, 48, Triq Stella Maris, Tas-Sliema

Register of the Superior Courts, today 11th July, 2023

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

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, on 3rd July, 2023, in the acts of Sworn Application number 1191/22AF, filed on 20th December, 2022, in the names of: the Commissioner for Revenue vs Kayhko Marjo Johanne, 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 a copy of this application together with the documents hereby attached and marked as Docs A, B, and C be served on the respondent in accordance with the relevant provisions of Cap. 12 of the Laws of Malta and to order the registration of the document hereby attached and marked as Docs A and B, as its official copy, so that such a documents constitute an executive title.

Notification Notice: Kayhko Marjo Johanne. Flat 6, Tropea Rear Court,  Triq Nazzareno, Tas-Sliema, SLM 2071

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

For the Registrar, Civil Courts and Tribunals

By a decree given on the 10th July, 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 Organisation and Civil Procedure (Cap. 12).

By the application filed in the Civil Court, First Hall, on the 2nd September 2020 by Bank of Valletta plc, Judicial Sale file numbered 30/20 in the names Bank of Valletta plc with the registration number C2833 vs Jonathan Vella (ID 370487M) is being asked that the Court orders the sale by auction of the:

Apartment internally marked numbered one (1), at first (1st) floor level, forming part of an unnumbered block named 'Bay Flats', in Triq l-Għansar, Birżebbuġa, including the use of the common parts of the block, amongst which there is the entrance, stairwell, landings and shafts, front door of the block and drain and drainage systems and the rain water systems, including also the use of the washroom and the use of a divided part of the roof that is the part that gives onto the street. The owner has the right to install a water tank and aerial and/or satellite dish antenna on the roof of the washroom. The drains and drainage systems and the rainwater gathering systems are in common for the whole block and pass through the underlying properties and the owner has the right of access to same systems (at reasonable hours) for repairs and maintenance of same. The said apartment is subject to and enjoys other servitudes resulting from its position, otherwise free and unencumbered with all its rights and appurtenances. The said block is bounded from the east by said street, north by property of family Testaferrata Moroni Viani or their successors in title and south by property of John Agius or their successors in title.

The said property belongs to Jonathan Vella (ID 370487M).

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals​​