Court Notices published in Government Gazette no 21,126 of 6th October 2023

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the twenty-seven (27th) of September of the year 2023 (Decree number 114/2023BS following Application number 57/2023(BS), Maria Spiteri, wife of Michael Angelo Spiteri, daughter of Anthony Gauci and Mary Jane Gauci née Buttigieg, born in Ta' Sannat, Gozo, and resides in Ta' Sannat, Gozo, holder of identity card number 3452G, has been confirmed interdicted from all acts of civil life.

Michael Angelo Spiteri, pensioner, son of Joseph Spiteri and Margaret Spiteri née Farrugia, born in Ta' Sannat, Gozo, and resides in Ta'Sannat, Gozo, holder of identity card number 30349G, has been nominated as her curator by virtue of the said decree.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

By means of a decree of the 4th September, 2023, of the Partition of Inheritances Tribunal in the records of the Application in the names Mary Penza et vs Grace Casha et, Application number 3/2015PL, the following publication was ordered for the purpose of effecting service on the respondents Grace Casha and Angelo Casha in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an Application number 3/2015PL in the names Mary Penza (ID 203549M) widow of Andrew Penza and Joseph Penza (ID 769345M), Theresa Cutajar Penza (ID 569644M), Maria Rosa Spiteri (ID 623749M), Mary Abela Penza (ID 147352M) and Raymond Penza (KI 598356M) all brothers and sisters Penza vs Grace Casha (ID 199453M) and for any interest they might have Angelo (ID 279056M) and Marisa Casha (ID 148082M) filed before the Partition of Inheritance Tribunal on the 17th November, 2015, the applicants Mary Penza et requested with respect and confirmed on oath:

1. To order the liquidation of the estate of the inheritance and this according to their last wish in the unica carta will in the acts of Notary Doctor Charles Mangion, LLD, of the 5th April 1994;

2. Orders that the said estate of the inheritance as liquidated be divided between the parties in their respective shares whilst that which cannot be divided is sold by licitation between the parties and if this does not take place by the admission of external offerors under those reasonable and opportune provisions;

3. Orders that the receivable from the said sale be divided between the parties in the respective share in the said inheritance;

4. Nominates a notary public for the publication of the relative deed of partition and curators to represent the persons who may eventually not appear on the deed;

5. Decides and declares the respondent responsible for the damages caused to the applicants, liquidate the damages suffered by the applicants, and condemns the respondent to pay the amount liquidated to the applicants;

6. Orders the costs of these procedures be paid solely by the respondent who are from now summoned so that evidence to her oath be made.

Applicant: 149, Heart of the Ocean, Triq ir-Rixtellu, Ħal Luqa

Respondent Grace Casha: 21, St Mark, Triq Patri Indri Schembri, Ħal Luqa

Angelo Casha: 115, St George, Triq Ġużeppi Ellul, Ħal Luqa

Marisa Casha: 1, Triq is-Sebħ, Ħal Qormi

The application in the names Mary Penza et vs Grace Casha et, Application number 3/2015PL has been postponed for hearing to the 10th October, 2023, at 12.00 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 6th March, 2023, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Michael Debono Limited (C 10002) of Toyota Showroom, Triq l-Imdina, Ħaż-Żebbuġ, filed a Claim on the 21st October, 2022, whereby she asked the Court to condemn Anna Katharina Debono (ID 021670M) of 2 Intero Place, Triq l-Ispiera, Swieqi, and Brian Debono (ID 0171882M) of 10, Triq Santa Katarina, Ħal Għargħur, to pay the plaintiff company the sum of €9,082.71, which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice number 236/2022MLF) in the names Michael Debono Limited vs Anna Katharina Debono et is deferred for hearing for the 11th October, 2023, at 9.30 a.m.

Notification: Anna Katharina Debono (ID 021670M) of 2, Intero Place, Triq l-Ispiera, Swieqi, and Brian Debono (ID 0171882M) of 10, Triq Santa Katarina, Ħal Għargħur

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Court of Appeal (Inferior jurisdiction) on the 12th September, 2023, in the records Appeal Application number 30/2023 in the names Jan Sammut vs Information and Data Protection Commissioner [and] by a decree of the 31st May 2018 HSBC (Malta) plc, the Court ordered the following publication in regard to the said Jan Sammut in terms of section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of Appeal Application number 30/2023 filed on the 20th March, 2023, in the names Jan Sammut vs Information and Data Protection Commissioner [and] by a decree of the 31st May 2018 HSBC (Malta) plc, the appellant company HSBC (Malta) plc appealed against the decision of the Information and Data Protection Appeals Tribunal of the 2nd March, 2023, bearing number CDP/48/2016 on the grounds that i) the Tribunal erroneously observed that it is bound by a minimum fine and imprisonment and could not grant a warning and ii) the “minimum" quoted by the Tribunal in its considerations is incorrect because it applies in case criminal proceedings have been instituted.

Therefore, the appellant humbly requests that this Honourable Court revokes and annuls the judgement of the said Tribunal in the names above mentioned, with costs of both instances against the respondent, whilst giving those orders and other provisions it deems fit and opportune.

Appeal application number 30/2023 in the names Jan Sammut vs Information and Data Protection Commissioner [and] by a decree dated 31st May, 2018, HSBC (Malta) plc is deferred for hearing to 11th October, 2023, at 11.10  a.m.

Notification: Jan Sammut, Sycamore, Triq il-Qattus, Swatar

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Court of Appeal (Inferior jurisdiction) on the 12th July, 2023, in the records of Appeal Application number 29/2023 in the names Robert Dimech (ID 441575) and Josianne Dimech (ID 98076M) vs the Planning Authority and the party joined in suit Angel Joseph Caruana (ID 233680M), the Court ordered the following publication in regard to the said Angel Joseph Caruana in terms of section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of Appeal application number 29/2023 filed on the 31st May 2023 in the names Robert Dimech (ID 441575) and Josianne Dimech (ID 98076M) vs the Planning Authority and the party joined in suit Angel Joseph Caruana (ID 233680M), the appellants Robert Dimech and Josianne Dimech felt aggrieved by the decision of the Environment and Planning Review Tribunal dated 11th May, 2023, wherein it confirmed the decision of the Planning Commission, or rather the issue of the permit with reference PA/00655/21 as it resulted from the evidence adduced that the permit holder himself in the acquisition of his maisonette did not also acquire the airspace above the ramp of the underlying premises, on the contrary what he acquired was the maisonette 'without its relative airspace'.

Therefore, the applicants respectfully request that this Honourable Court upholds this appeal and annuls and revokes the decision of the Environment and Planning Review Tribunal dated 11th May 2023 in the names premised above and this under any other provision that this Honourable Court deems fit and opportune, with costs against the respondents.

The application of Appeal number 29/2023 in the names Robert Dimech and Josianne Dimech vs the Planning Authority and the party joined in suit Angel Joseph Caruana is deferred to the 11th October, 2023, at 9.15 a.m.

Notification: Angel Joseph Caruana, Notti Magiche, Triq l-Arznell, Marsaxlokk

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on 25th September, 2023, on the application of Mary Pace (ID 621758M), Monday, 13th November, 2023, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction ordered by a decree given on the to be held at number forty five (45), in Triq il-Kummerċ, Ħal Qormi, of the following items seized from the property of Le Grenier A' Pain Malta Limited with the registration number C84790 and Jean Christophe Fredric Dominique Froissard (ID 166481A) in his capactiy as garantor for any interest he may have.

Cold room of the make Tekop, Van of the make Fiat with registration number EGV 524, Handlifter, Shelves, two (2) mountain bikes, sofa brown in colour, computer chairs, table, computer of the make AVC and various other items.

N.B. The said items will be sold as described in the acts of the judicial sale number 14/23.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 13th September, 2023, on the application of HSBC Bank Malta plc (C3177), Tuesday, 6th February, 2024, 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:

Maisonette on ground floor level and accessible from private entrance, named Hurghada, numbered seven (7), in Triq San Luqa, St Paul's Bay, in a block of apartments externally numbered one hundred and eleven (111) named Resort Flats, Triq San Luqa, St Paul's Bay, with all its rights and appurtenances and including a three fourths (3/4) undivided share of one third (1/3) undivided of the entrance, hall, main door, staircase, and stairwell, and the roof of the said block, and is subject to the active and passive servitudes resulting from its position, as described in the acts of Notary Doctor Mario Rosario Bonello dated sixth September, two thousand and eleven (6.9.2011). The said block the maisonette forms part of is bounded by northeast with Triq San Luqa and from all other boundaries with property of third parties and valued at three hundred and twenty thousand euro (€320,000).

The said tenement is the property of Shehata Khaled (ID 330298M) in three fourths (3/4) undivided share of the apartment, including one fourth (1/4) undivided share of the common area and therefore three-fourth (3/4) of one third (1/3) undivided and Shehata Anna (ID 745261M) in one fourth (1/4) undivided share of the apartment and one third (1/3) undivided share of one fourth (1/4) undivided share of the common area of the apartment.

N.B. The said tenement will be sold as described in the acts of judicial sales number 39/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 19th September, 2023, on the application of Zammit George (ID 389461M) et, Thursday, 15th February, 2024, at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The apartment number seven (7) on the first floor level , forming part of a block of ten (10) residencies named Salvatore Court, Triq l-Għannejja, Birżebbuġa, bounding the entire block which is built on plots number 84 and 85 from the territory known as Tal-Qajjenza, from northeast with the said street, and from all other boundaries with property of the successors in title of Saint Nicholas Contractors Company Limited, free and unencumbered, with all the rights and appurtenances, with the right of use of the roof, and with the rights and or servitudes resulting from its position in the block which it forms part of and is valued at one hundred and forty eight thousand euro (€148,000).

The said tenement is the property of Zammit Alfred (ID 474862M) and Zammit Antoinette (ID 26066M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 65/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, on the 20th September, 2023, in the acts of Sworn Application number 561/2023DC, which was presented on the 31st May, 2023, in the names: Gauci Charles Anthony Dr vs Borg Glenn, 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: Condemn the defendant so that in the absence of executing the necessary works, authorize the plaintiff to carry out the said works himself at the expense of the defendant, under the direction of the same nominated architects. With all costs against the respondent who is from now summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is adjourned to 14th November, 2023, at 9.45 a.m.

Notification Respondent: Borg Glenn, Apt 11, Triton Court, Triq it-Turisti, Buġibba

Register of the Superior Courts, today, 25th , 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 delivered by the Constitutional Court on the 11th September, 2023, in the records of the Appeal application number 127/2020 in the names Josette Micallef (ID 0302260M) and Sonia Cauchi (ID 180670M); Anthony Cesareo (ID 454837M) in his own name and on behalf of the absent Noreen Burroughes Cesareo (ID 0338967M) and Gordon Cesareo (ID 616663M) as duly authorised by two general powers of attorney vs the State Advocate and Dorothy Cauchi (ID 633338M) ordered the following publication in respect of the said Dorothy Cauchi in terms of section 187(3) et sequitur of the said Cap. 12 of the Laws of Malta.

Whereas by means of a Constitutional Appeal application number 127/2020 filed on the 19th May, 2023, the appellants Sonia Cauchi et feel aggrieved by the judgement of the First Hall Civil Court of the 8th May, 2023, in the names premised, and thus are filing this humble appeal before this Honourable Constitutional Court in accordance with the grounds of appeal contained in this application.

Therefore, the appellants, are asking this Honourable Constitutional Court to reform the judgement given by the First Hall Civil Court (Constitutional jurisdiction) on the 8th May, 2023, in the cause in the names premised, by confirming it insofar as it rejected the pleas of the respondent State Advocate and the respondent Cauchi, and confirms it where it upheld the plaintiffs' demands, in such a way that it should reform it as regards the liquidation of damages and that is it should be declared and decided that the pecuniary damages are to be liquidated in the amount of not less than €47,555, and/or another correct sum, besides moral damages of €17,000, globally amounting to €64,555, with costs of both instances against the respondent State Advocate.

Notification: Dorothy Cauchi, 47, Conservatory Street, Floriana

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Constitutional Court on the 29th August, 2023, in the records of the Appeal application number 405/2022 in the names Josette Micallef (ID 0302260M) and Mary Rose Borg (ID 0785454M) vs State Advocate and George Curmi (ID 251737M), the court ordered the following publication in regard to the said State Advocate and George Curmi in terms of section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas by means of a Constitutional Appeal Application number 405/2022 filed on the 23rd May, 2023, the appellants Josette Micallef and Mary Rose Borg feel aggrieved by the judgement of the 16th May, 2023, delivered by the First Hall Civil Court, Constitutional jurisdiction on the grounds contained in this appeal application.

Therefore, the appellants are asking this Honourable Constitutional Court to confirm the present judgement insofar as it rejected the pleas of the respondent State Advocate and of the respondent George Curmi, as well as to confirm it insofar as it upheld the plaintiffs' demands and subsequently to reform it as regards the compensatory remedy for a future lease till the year 2028 as such compensation prejudices their right to institute procedures for the restitution of the premises before the year 2028 and also to reform it as regards the liquidation of damages so that it be declared and decided that the damages suffered by the applicants was for the whole period as demanded in their constitutional application, that is from 1987 to 2021, and thus the pecuniary damages shall be liquidated in the amount of not less than €331,000.53, or other correct sum, besides non-pecuniary damages amounting to at least €15,000, overall amounting to €346,000.53, besides legal interest applicable from the date of the first judgement, with costs of both instances against the respondent State Advocate.

Notification:   State Advocate, 16, Casa Scagia, Valletta

George Curmi, 63, Triq l-Ifran, Valletta

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 4th of September, 2023, given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, in the acts of sworn application number 63/2022 in the names 'Elaine Doelitzscher et vs Planning Authority et', the publication reproduced below was ordered to serve as notification in relation to Amadeo Mifsud and his wife Anna Mifsud of 29, Triq Ġorġ Zammit, Ħ'Attard, Malta, and this in accordance article 187(3) of Cap. 12 of the Laws of Malta.

In the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

In the acts of the sworn application number 63/2022 BS in the names:

Elaine Doelitzscher et al

vs

Planning Authority et

Following the warrant of prohibitory injunction number 15/2022 in the names:

Elaine Doelitzscher

vs

Planning Authority

The application of the Planning Authority in accordance with article 836(1) of Cap. 12 of the Laws of Malta (presented in the Registry of the Court of Gozo on the 20th of April, 2023) is deferred for the continuation of the hearing to the 12th of October, 2023, at 11.45 a.m. in the Gozo Court building, Misraħ il-Katidral, Victoria, Gozo.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunal

DKR 287/2009 – CANCELLATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 11th September, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Kevan Azzopardi, LLD) after an application filed by Herman Mc Kay on the 25th July, 2023, and following the execution of judgement given by the same Court on the 7th May, 2014, Compilation number 75/2012, in the case in the names:

The Police

(Superintendent Victor Aquilina)

versus

HERMAN MC KAY, 39 years, son of Martin and Maria Dolores née Mifsud, born in Tal-Pietà, Malta, on the 24th November, 1983, residing at number 19, Triq Isouard, Marsa, Malta, and holder of Maltese identity card bearing number 590483M.

The Court ORDERED THE CANCELLATION of the freezing order of all the assets of the said Herman Mc Kay, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Edwina Grima, LLD) by a decree dated 25th January, 2012, and published in the Government Gazette of the 31st January, 2012.

This notice is being published according to section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.

Marvic Psaila

Deputy Registrar, Criminal Courts and Tribunals (Malta)

By decree issued by the Civil Court, First Hall, on the 25th July, 2023, in the acts of the Warrant of Prohibitory Injunction number 1188/2023/1AF, which was presented on the 4th July, 2023, in the names: Axiak John Cleaven et vs Axiaq Pierre 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: Order the issuance of this Warrant of Prohibitory Injunction against the respondent.

The Warrant of Prohibitory Injunction in the names mentioned above is adjourned to 17th October, 2023, at 9.30 a.m.

Notification: Axiaq Pierre. 51, Sta Rita, Triq Tal-Karmnu, Ħaż-Żabbar

Register of the Superior Courts, today 25th September, 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, Constitutional Jurisdiction on the 24th August, 2023, in the acts of Constitutional Application number 269/2023ISB, which was presented on the 22nd May, 2023, in the names: Lia Joanne Dr Notary et 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: Order the respondents and/or any of them, to pay the compensation thus liquidated according to the second claim, with legal interests until effective payment. With the legal costs and interest against the respondents who are now summoned so that a reference to their evidence be made.

The Constitutional Application in the names mentioned above is postponed to 29th November, 2023, at 9.30 a.m.

Notification Respondent: Spiteri Darren et, 46, Triq Ta' Paris, Birkirkara

Register of the Superior Courts, today 28th September, 2023

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

For the Registrar, Civil Courts and Tribunals

ARB/C044/2023 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 2nd October, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Victor G. Axiak, LLD). Compilation Number 780/2023, in the case:

The Police

(Inspector Marshal Mallia)

Versus

ADRIAN GIOVANNI CHACON TOLOZA, baker, 33 years, son of Felix Chacon and the late Maria Dolosa, born in Colombia on the 7th February, 1990, without a fixed address in Malta but residing in Madrid, Spain, and holder of Colombian passport bearing number PE174557.

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 ADRIAN GIOVANNI CHACON TOLOZA 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, Cap. 621 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in 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/C059/2020 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 3rd October, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Donatella Frendo Dimech, LLD). Compilation Number 652/2020, in the case:

The Republic of Malta

Versus

GORDON DEBONO;

YVETTE (YVETTE-MARIE) DEBONO;

HI-LOW PROPERTIES LIMITED;

PETROPLUS LIMITED;

KB INVESTMENTS LIMITED;

KB LINES LIMITED;

SEABRASS LIMITED;

PETROBUNKERS LIMITED;

OIL AND SHIP TRADING LIMITED;

GORGE LIMITED;

S-CAPE YACHT CHARTER LIMITED;

S-CAPE LIMITED;

AND

YVES LIMITED, with Maltese registration number C84979 and registered address at 7, The Penthouse, Mistavista, Triq il-Bajja, Marsaskala.

The Court AUTHORISED the accused YVES LIMITED to pay the sum of four hundred and ninety-four euro and ninety-eight cents (€494.98) to Elmo Insurance Limited representing the renewal of the insurance policy and road license for the vehicle held in the name of the accused. This payment must be carried out from bank account listed in the name of the accused ending in -2679 and which is held with the Bank of Valletta plc.

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, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Caroline Farrugia Frendo, LLD) on the 25th November, 2020, which was published in the Government Gazette on the 1st December, 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 Gordon Debono, Yvette (Yvette-Marie) Debono, Hi-Low Properties Limited, Petroplus Limited, KB Investments Limited, KB Lines Limited, Seabrass Limited, Petrobunkers Limited, Oil And Ship Trading Limited, Gorge Limited, S-Cape Yacht Charter Limited, S-Cape Limited and YVES LIMITED.

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C043/2023 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 1st October, 2023 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Charmaine Galea, LLD). Compilation Number 773/2023, in the case:

The Police

(Inspector Jonathan Pace)

Versus

NICHOLAS FARRUGIA, unemployed, 31 years, son of Anna Maria Farrugia, born in Tal-Pietà, Malta, on the 21st March, 1992, and residing at 103, 'St Anthony', Flat 1, Triq Amleto Spiteri, Ħal Qormi, and holder of Maltese identity card bearing number 178692M.

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 NICHOLAS FARRUGIA 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, Cap. 621 of the Laws of Malta, Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and Article 5 of the Money Laundering, Cap. 373 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 36, Article 22A, and Article 5 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

It is hereby notified that by virtue of a decree given on the 31st of May, 2023, given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the acts of sworn application number 16/2023 in names 'Alto Limited et versus Certified Builders Limited et' the publication reproduced below was ordered to serve as a notification against the three defendants, namely:

1. Certified Builders Limited (C90629) of Garage 4 in Drive-In, Triq il-Penit, Ħaż-Żebbuġ, Malta;

2. Peter Paul Cutajar (identity card number 383579M) of 60, The Willows, Triq Luigi Fontana, Ħaż-Żebbuġ, Malta;

3. Clevion Sciberras (identity card number 17087M) of 64A, Casa D'Elena, Triq Tumas Fenech, Birkirkara, Malta,

and this is in terms of article 187(3)(4) of Cap. 12 of the Laws of Malta.

In the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section                     

Whoever receives this sworn application against him must present his sworn reply within twenty (20) days from the date of notification, namely from when he receives it. If the sworn reply is not presented in writing as required by law by the time mention, the Court will proceed to give a decision according to the law.

Therefore, it is in the interest of the recipient of this sworn application to speak to a lawyer without delay so that the Court can hear what he has to say in the case.

Sworn Application number 16/2023 in names:

i. Alto Limited (C93675) of 132, Triq Marsalforn, Xagħra, Gozo;

ii. Claire Louise Beswick (identity card number 172115A) of 132, Triq Marsalforn, Xagħra, Gozo

versus

i. Certified Builders Limited (C90629) of Garage 4 in Drive-In, Triq il-Penit, Ħaż-Żebbuġ, Malta;

ii. Peter Paul Cutajar (identity card number 383579M) of 60, The Willows, Triq Luigi Fontana, Ħaż-Żebbuġ, Malta;

iii. Clevion Sciberras (identity card Nnumber 17087M) of 64A, Casa D'Elena, Triq Tumas Fenech, Birkirkara, Malta

Sworn Application of Claire Louise Beswick holder of identity card number 172115A, and of Alto Limited (C93675) of 132, triq Marsalforn, Xagħra, Gozo

Respectfully, and under oath Claire Louise Beswick, holder of identity card number 172115A, confirms and declares that she knows the following facts personally:

1. Whereas the plaintiff Claire Louise Beswick is the owner of the premises numbered 132, Triq Marsalforn, Xagħra, Gozo, which property was acquired by virtue of a deed of sale and purchase in the records of the Notary Doctor Josette Spiteri Cauchi dated the 2nd of December of the year two thousand and twenty (2020) and as shown from a copy herewith attached and marked as Document 'A' ;

2. Whereas the plaintiff company runs and manages the property of the plaintiff and in terms of an agreement dated the first (1st) of December of the year two thousand and twenty-one (2021) and this as evidenced from a copy herewith attached and marked as Document 'B', and in fact leases out the same property as a short-term resort and short lets on a bed and breakfast basis and is even advertised on a website of foreign travel agencies, and this as evidenced from an extract from a website herewith attached and marked as Document 'C';

3. Whereas on the twenty-second (22nd) of April of the year two thousand and twenty-two (2022) the defendants were carrying out some construction works in the premises adjacent to that of the plaintiff, and namely in the premises denominated'Dar Maria', in Triq Marsalforn, Xagħra, Gozo;

4. Whereas on the same day, while the defendants were executing such works, they hit some electric cables and consequently this caused a surge in the strength of the electricity, and consequently caused extensive and substantial damage and damage in a considerable number of movable items that were located in the residence, and in fact they ceased to function, and this as will result during the hearing of the case;

5. Whereas also as a consequence of the extensive damage to the movables, the plaintiff company suffered damages since for some time it was prevented from operating and had to cancel several bookings, with the consequence that it suffered financial damages as a result of loss of rents and loss of profit and this as will result during the hearing of the case;

6. Whereas these faults and damages suffered by the plaintiff company were caused solely by the fault and/or negligence of the defendants and this as will result during the hearing of the case;

7. Whereas even though the defendants were called upon several times in order to come forward for the liquidation and payment of damages sustained, they remained in default and therefore the plaintiffs had no other option other than to proceed with this case.

The defendants are therefore asked to state why this Honourable Court should not:

1. declare that you defendants were solely responsible for the incident that occurred on the twenty-second (22nd) of April of the year two thousand and twenty-two (2022) when while you were executing construction works you hit cables of the electricity, with the consequence that this caused a surge in the strength of electricity;

2. Declare that you defendants are solely responsible for all damages and faults that the plaintiffs have suffered in their property, including the loss of earnings suffered as a result of the incident;

3. Liquidate all the damages suffered by the plaintiffs as a result of this incident, which damages include both the value of damages suffered in the movables that were located in the property of the plaintiff and managed by the plaintiff company as well as the loss of earnings sustained as a consequence of the same incident;

4. Condemn and order the defendants to pay the plaintiffs all damages once such are liquidated and this within a short and peremptory time set for such purpose;

5. condemn and order the defendants to pay the plaintiffs the interest at the highest rate allowed by law on the amount thus liquidated and this from the date of liquidation until the date of effective payment.

With costs including those of the precautionary garnishee order that is being filed concurrently with this lawsuit and with the injunction for the submission to their oath for which the defendants are as of now summoned.

Advocate Jean Paul Grech

Advocate Mario Calleja

This sworn application is adjourned for hearing for the 31st October, 2023, at 9.40 a.m., at the Gozo Courts building, Misraħ il-Katidral, Victoria, Gozo.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals