Court Notices published in Government Gazette No. 21,191 of 9th February 2024

By decree given by the Civil Court, First Hall, on the 31st January, 2024, on the application of Kalkara Marina Company Ltd with the registration C49452, Wednesday 6th March, 2024, at half past eleven in the morning (11.30 a.m.) has been fixed for the sale by auction, to be held at Kalkara Marina, Xatt tal-Kalkara, Kalkara, of the following vessel seized from the property of STD.EU Limited with the registration number C39502 and Ricky Alan Reeves with the English passport number 651825970 for any interest he may have:

Vessel named ‘M/Y Simply The Dogs’ with the registration number SSR 164642, with Hull number FR-H000TC01B505, with the flag of the United Kingdom and with a length of fifteen point ten meters (15.10m).

N.B. The said vessel will be sold as described in the acts of judicial sale file number 10/23.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal (Superior Jurisdiction), on the 25th August, 2023, in the records of Application number 396/2020 in the names Joseph Filletti (ID 0236036M), in his own name and as universal heir of his wife Emmanuela Filletti (ID 0760136M) vs Global Capital Financial Management Limited (C30053), the following publication was ordered for the purpose of service of Joseph Filletti pro et noe in terms of section 187(3) et sequitur of Cap. 12.

Whereas by means of Appeal Application number 396/2020 filed on the 20th June, 2023, in the names premised the respondent company Global Capital Financial Management Limited filed this appeal following a judgment of the First Hall Civil Court of the 31st January 2023 which was revised by means of two other judgements decided on the 29th May, 2023, following applications made by the plaintiff in terms of sections 825 and 235 of Cap. 12 of the Laws of Malta filed on the 9th February, 2023; and therefore the appellant raised four grounds of appeal as it felt aggrieved by these decisions.

Therefore, the appellant company humbly requests and with respect that this Honourable Court of Appeal cancels, revokes and annuls the judgment of the First Hall Civil Court of the 31st January, 2023, which was revised by means of other judgments dated 29th May, 2023, in its entirety, whilst upholding the appeal of the appellant company and passing on to dismiss the demands of the respondent plaintiffs as brought forward and to uphold the pleas of the exponent. With costs of both instances against the respondent plaintiffs.

Notification: Joseph Filletti pro et noe, Flat 2, Block 17, Santa Maria, Triq il-Ward, Madliena

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 21st August 2023, in the records of the Application number 60/2020 in the names Valhmor Borg Import Export Limited (C3063) vs Tapaz Malta Ltd (C79769) and Christopher McKay (ID 32891 (M)) and the party joined in suit Bo Patrick Alfvegren (ID 39421A), the following publication was ordered for the purpose of effecting service on Bo Patrick Alfvegren in terms of section 187(3) et sequitur of Cap. 12.

By means of the application of Appeal number 60/2020 filed on the 10th May, 2023, in the names premised above the respondent Christopher McKay felt aggrieved by the decision of the Court of Magistrates (Malta) which was delivered on the 13th April, 2023, in the names premised on the ground of appeal that the Honourable First Court erred when it found the respondent Christopher McKay responsible as guarantor for the delivery of products which were ordered and delivered at a time when he had nothing more to do with the company and in his stead the party joined in suit Bo Patrick Alfvegren had assumed all responsibility.

Therefore, the appellant, is requesting this Honourable Court to modify the judgment appealed in the names premised, delivered on the 13th April, 2023, and to release the appellant Christopher McKay from all condemnation or debt against him, with costs of both instances against the rest of the respondent parties. With costs.

Application number 60/2020 in the names Valhmor Borg Import Export Limited (C3063) vs Tapaz Malta Ltd (C79769) and Christopher McKay (ID 32891 M) and the party called into the suit Bo Patrick Alfvegren (ID 39421A) is deferred to the 8th March, 2024, at 9.30 a.m.

Notification : Bo Patrick Alfvegren, 652, Pender Gardens, Triq Ivo Muscat Azzopardi, St Julian’s

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 10th January, 2024, in the records of Application number 307/2016 in the names Muracel Limited vs Forte Detergents Limited, the following publication was ordered for the purpose of service of the company Forte Detergents Limited in terms of section 187(3) et sequitur of Cap. 12.

By means of the Application number 307/2016 filed on the 17th July, 2023, in the names premised above the appellant company Muracel Limited (C48673) felt aggrieved by the judgment given on the 3rd July, 2023, wherein the Honourable Court of First Instance dismissed the claim as made by the plaintiff and upheld the plea brought forward by the defendant that there is no juridical relationship with the plaintiff, with costs against the present appellant. The appellant’s ground of appeal is clear and manifest, as the evidence produced to the Court of First Instance had to lead to a finding that the juridical relationship of the plaintiff was indeed with the respondent defendant and not with anyone else.

Therefore, the appellant company humbly requests this Honourable Court to uphold this appeal and consequently pass on to annul, revoke and cancel the judgment delivered by the Court of Magistrates (Malta) in the names ‘Muracel Limited vs Forte detergents Limited’ (Notice number 307/2016 CFF) on the 3rd July, 2023, and instead pass on to uphold the appellant plaintiff’s demands after dismissing the defendant’s first plea, with costs of both instances against the respondent defendant.

Application Number 307/2016 in the names Muracel Limited vs Forte Detergents Limited has been postponed for hearing to the 6th March, 2024, at 9.10 a.m.

Notification: Forte Detergents, UBT3, Industrial Estate, San Gwann.

DR FRANCO BONDIN, LLD, M. JUR.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal (Superior Jurisdiction), on the 28th September, 2023, in the records of the Application number 200/2022 in the names Tamsin Carvalho de Sousa formerly Zammit vs Marco Pisani (ID 560682M), the following publication was ordered for the purpose of service of Tamsin Carvalho de Sousa formerly Zammit in terms of section 187(3) et sequitur of Cap. 12.

By means of Appeal Application number 200/2022 filed on the 4th July, 2023, in the names premised the appellant Marco Pisani is filing this appeal after the First Hall Civil Court on the 6th June, 2023, granted special permission to the exponent appellant to appeal from the decree of the seventeenth (17) April of the year 2023 where it found the appellant contumacious and dismissed his request to file a sworn reply.

Therefore, the exponent appellant is humbly requesting this Honourable Court so that it authorises him to file his reply to the applicant’s original application in the cause and consequently contest the same cause in the names Carvalho de Sousa formerly Zammit (ID 104890M) vs Pisani Marco (ID 560682M) and this according to what the Honourable Court deems fit and opportune.

Notification: Tamsin Carvalho de Sousa Zammit, Flat 3, Salemat Cart, Triq Dun Victor Demarco, Msida

DR FRANCO BONDIN, LLD, M. JUR.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal (Superior Jurisdiction), on the 9th October, 2023, in the records of the Application number 1110/2017 in the names Emmanuel Borg (ID 516776M) vs Goran Jovanoski (ID 0054499M), the following publication was ordered for the purpose of service of Goran Jovanoski in terms of section 187 (3) et sequitur of Cap. 12.

Whereas by Appeal Application number 1110/2017 filed on the 11th August, 2023, in the names premised the appellant Emmanuel Borg is filing an appeal against the judgment given by the First Hall of the Civil Court on the thirteenth (13) July, 2023, in the said names. Whereas the plaintiff, here appellant, feels aggrieved by the decision of the Honourable First Hall of the Civil Court wherein it dismissed all his claims and this appeal is limited to that part of the judgment whereby the Court of First Instance rejected his demands, and at the same time is asking for confirmation of the remainder of the judgment. The grounds of appeal consist in a) a wrong appreciation of the evidence by the Court of First Instance, and b) an incorrect application of the law by it.

Therefore, the appellant is humbly requesting this Honourable Court so that it reforms that part of the judgment rejecting the appellant’s claims, and consequently it upholds all of the claims by the appellant as brought forward in his Sworn Application; and confirm the rest of the judgment with costs against the respondent.

Notification: Goran Jovanoski, Point 6, Flat 2, Triq Sir George Borg, Tas-Sliema

DR FRANCO BONDIN, LLD, M. JUR.

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th May, 2023, Application number 891/2023, by Aldo Agius, Kevin Agius and Tiziana Agius, whereby following the application John Mary Agius, pensioner, widower of Antonia Agius, son of the late Giuseppe Agius and Maria Agius née Camilleri, born in Żurrieq on the 26th July, 1955, aged 67, residing in Raħal Ġdid, and holding identity card number 536255M, was incapacitated by means of a decree given on the 6th July, 2023, under the conditions therein mentioned.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By decree given by the Civil Court, First Hall, on the 2nd February 2024 on the application of Dr Isabelle Gatt (ID 328261M) Tuesday, 5th March, 2024 at noon (12:00 p.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 temporary utile dominium:

The temporary utile dominium for the remaining period of ninety nine years (99) that commenced from the fifteen of August of the year one thousand one hundred and thirty one (15.8.1931) of the portion of land that forms part from klawsura known as ‘Bur tal-Knisja’, district of San Niklaw, limits of Siġġiewi, around measures of five turmoil and two sigħajn (5T.2S), together with the farm situated in the same land and together bounded on the north and west by property of the Mensa Archbisop’s of Malta, south by Triq San Niklaw and east by Triq il-Provvidenza, or other correct compass points, subject to a share from the annaul and temporary ground rent for the remaining time of five Maltese lira and ten cents (Lm5.10) ossia twelve euro and eighty one euro cents (€12.81), as better described in the contract of the fifth February of the year one thousand nine hundred and sixty six (5.2.1966) in the acts of Notary Paul Pullicino and also in the contract of the fifteen of August of the year one thousand nine hundred and thirty one (15.8.1931) in the acts of Notary Edoardo Calleja Schembri with the participants of extraneous bidders and the offers begins from one thousand and thirty eight thousand euro (€138,000).

The said temporary utile dominium is the property of Dr Isabelle Gatt (ID 328261M), Malcolm Mallia (ID 373789M), Matthias Mallia (ID 263690M), Pauline Mallia (ID 143248M).

N.B. The said temporary utile dominium will be sold as described in the acts of judicial sales number 54/23 after a judgement given on the thirty of June of the year two thousand and twenty-three (30.6.2023) by the Judge Miriam Hayman, Application number three hundred and sixteen of the year two thousand and nineteen (316/2019) in the names Malcolm Mallia et vs Dr Isabelle Gatt.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 18th January 2024, in the records of Sworn Application number 552/2023HM, which was filed on the 29th May, 2023, in the names: Debono Andrew vs Muscat Alan, the following publication was ordered in terms of Article 187 (3) et sequitur of Cap. 12, for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: In case, it results that the final deed of sale and transfer cannot be published, order and condemn the respondent to refund and pay the applicant the amount of three hundred thirty thousand euro (€330,000). With all costs and legal interest 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 postponed to 27th February, 2024, at 9.30 a.m.

Notify respondent: Muscat Alan. 134, April P/H 2, Triq Santa Marija, Żebbuġ

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 by the Civil Court, First Hall, Constitutional Jurisdiction, on the 10th January, 2024, in the records of Constitutional Application number 471/2023LM, which was filed on the 26th September, 2023, in the names: Debono Carmen et vs State Advocate et, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap. 12, for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: Condemn the State Advocate to pay the compensation so liquidated to the applicant. With costs.

The Constitutional application in the names mentioned above is postponed to 28th February, 2024, at 9.10 a.m.

Notify respondent: Farrugia Angela. 103, St Mary Flats, Flat 2, Triq Santa Katarina, Żurrieq

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 by the Civil Court, First Hall, on the 9th January, 2024, in the records of Sworn Application number 1329/2023GG, which was filed on the 21st November, 2023, in the names: Borg Anthony vs Borg Josimar, the following publication was ordered in terms of Article 187(3) et sequitur of Cap. 12, for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: Condemn the defendant to pay the plaintiff the sum of one hundred and eighty eight thousand four hundred and fifty two euro (€188,452). With costs and interest against the defendant who is from now summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is postponed to 7th March, 2024, at 9.30 a.m.

Notify respondent: Borg Josimar. 8, Padre Pio, Triq Francis X. Attard, Ħaż-Żabbar

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

For the Registrar, Civil Courts and Tribunals

By a Decree of the 2nd February, 2024, given by the First Hall, Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Articles 187 (3) and 338 (1) of the Code of Organization and Civil Procedure (Cap. 12).

That by application and a Schedule of set-off filed contemporaneously by Michael Debono Limited (C10002) on the 26th October, 2023, the approval of the said judicial acts is being demanded for the amount of €13,000 following judicial sale by auction 11/2022 in the names Michael Debono Limited (C10002) vs Ahmed Mohamed (ID 0120673A) held under the Authority of the said Court on the 25th October, 2023.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By a decree given on the 29th January, 2024, 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 10th November, 2023, by CoseCasa Limited with the registration number C15933, Judicial Sale file number 58/23 in the names Cose Casa Limited (C15933) vs Ludvic (Ludvic Paul) Muscat (ID 200078M) et is being asked that the Court orders the sale by auction of the:

The shop named ‘The Game – Pub & Diner’ number fifty three (53) previously named ‘D Diamonds’, is situated on a site already occupied by two adjacent garages, unnumbered and named ‘Alba’ other times known as ‘Maqluba’ and ‘Dgħajsa’, respectivelly without its airspace, the garage named ‘Dgħajsa’ has a common drainage system with the overlying property situated in Triq Santa Marija, St Paul’s Bay, but today the shop has a facade on Triq Efesu, free and unencumbered with all its rights and appurtenances, bounded together on the west by property of family Zammit or their successors, on the north by property of Gatt Borthers (Mosta) Limited or their successors in title and this as better decribed in the records of Notary Nicolette Vella of the second September of the year two thousand and nineteen. (2.9.2019).

N. B. The said property belongs to Ludvic (Ludvic-Paul) Muscat (ID 200078M).

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 25th January, 2024, on the application of Sara Grech (ID 338069M) Wednesday 13th March, 2024, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction, to be held at number nineteen (19) named ‘The Dales’, in Triq il-Galata, High Ridge, Swieqi, of the following pictures seized from the property of Daniel Azzopardi (ID 347682M).

17th Century oil framed painting of ‘A Man Holding a Bag’ valued at one thousand and five hundred euro (€1500);

17th Century oil framed painting of ‘St John the Bapist’ valued at two thousand and five hundred euro (€2500);

18th Century oil framed painting on copper/zinc metal sheet of ‘The Flight into Egypt’ valued at one thousand euro (€1000);

18th Century oil framed painting of ‘A Wintry Landscape’ valued at one thousand euro (€1000);

Oil framed painting attributed to Mattia Preti without certification of ‘A Philosopher’ valued at fifteen thousand euro (€15,000);

Charles Henry Allingham oil painting of ‘A Male Portrait’ framed in a Maltese 19th century carved frame valued at three thousand euro (€3000).

17th Century still landscaped painting attributed to Francesco Foschi valued at nine thousand euro (€9000).

N.B. The said pictures will be sold as described in the acts of judicial sale file number 8/23

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

ARB/C015/2024 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 5th February, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Elaine Rizzo, LLD). Compilation Number 88/2024, in the case:

The Police

(Inspector Jonathan Pace)

Versus

OCTAVIAN-VIOREL PITICARIU, unemployed, 37 years, son of the late Viorel and the late Angela, born in Hunedoara, Romania on the 13th September, 1986, without a fixed address in Malta and holder of Romanian identification document bearing number HD873202.

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 OCTAVIAN-VIOREL PITICARIU 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, and Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount of six hundred euro (€600) every fifteen (15) days, after the accused indicates with a note from where he is perceiving this money, 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 and Article 22A 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 means of a decree given by the Civil Court, First Hall, Constitutional Jurisdiction, on the 23rd November, 2023, in the records of Constitutional Application number 167/2023GG, which was presented on the 30th March, 2023, in the names: Scicluna Marshall Marcus et vs Psaila Renald et, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap. 12, for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: Condemn the respondents to pay the applicants, compensation and pecuniary and non-pecuniary damages so liquidated. With costs and legal interest.

The Constitutional application in the names mentioned above is postponed to 6th March, 2024, at 11.30 a.m.

Notify respondent: Psaila Renald, 80/4, Triq l-Ifran, Valletta

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 by the Civil Court, First Hall, on the 23rd January, 2024, in the records of Sworn Application number 1309/2023FDP, which was filed on the 16th November, 2023, in the names: Farrugia Anthony et vs Kinmont Alicia, the following publication was ordered in terms of Article 187 (3) et sequitur of Cap. 12, for the purpose of service of the respondent. The applicants asked this Honourable Court to, among others: Authorise the applicants that in case the respondent does not comply with the order of this Honourable Court within the short and peremptory time established by this Honourable Court, they carry out the necessary works at the expense of the respondent under the supervision of an architect appointed by this Honourable Court. With all costs and legal interest against the respondent who is from now summoned so that a reference to her evidence be made.

The Sworn Application in the names mentioned above is postponed to 26th March, 2024, at 9.30 a.m.

Notify respondent: Kinmont Alicia. 61, Carmar, Triq Alfier De Medram, Ħal Tarxien

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

For the Registrar, Civil Courts and Tribunals

By a decree of the 2nd, February, 2024, given by the First Hall of the Civil Courts 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 Malta Dairy Products Limited (C7833) on the 28th July, 2023, is asking for:

1. The withdrawal of the amount of twenty three thousand two hundred ninety three euro and seventy four cents (€23,293.74) deposited by the Schedule of Deposit number 8/2012 in the names of:

David Santillo (ID 545977M) and Jacqueline Santillo (ID 117876M) vs Jesmond Tonna (ID 354974M) and Malta Dairy Products Limited (C7833);

2.Orders that the respondent Jesmond Tonna pays all the fees related to this withdrawal application.

The Court ordered the notification to the other counter parties with one week (7) to file a reply.

GAETANA AQUILINA

For Registrar of Courts and Civil Tribunals

By a decree of the 2nd, February, 2024, given by the First Hall of the Civil Courts 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 Malta Dairy Products Limited (C7833) on the 28th July, 2023, is asking for:

1. The withdrawal of the amount of twenty three thousand two hundred ninety three euro and seventy four cents (€23,293.74) deposited by the Schedule of Deposit number 8/2012 in the names of:

David Santillo (ID 545977M) and Jacqueline Santillo (ID 117876M) vs Jesmond Tonna (ID 354974M) and Malta Dairy Products Limited (C7833);

2.Orders that the respondent Jesmond Tonna pays all the fees related to this withdrawal application.

The Court ordered the notification to the other counter parties with one week (7) to file a reply.

GAETANA AQUILINA

For Registrar of Courts and Civil Tribunals