Court Notices published in Government Gazette No. 21,197 of 23rd February 2024

By decree given by the Civil Court, First Hall, on the 15th February, 2024, on the application of BNF Bank plc previously Banif Bank (Malta) plc (C41030), Thursday, 23rd May, 2024, 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:

Maisonette over three floors, with number thirty one (31), including its relative airspace, in Triq Anastasio Cuschieri previously known as Triq Borg il-Ġdida, Birkirkara, overlying third party property situated on the groundfloor level and therefore the street level, with access from the stairs from street level, free and unencumbered and is valued at one hundred and sixty thousand euro (€160,000).

Appartment internally marked number twelve (12), situated on the second floor, forming part of a block named Saint Mary Flats, in Triq Andrew Cunningham, Qawra, Saint Paul’s Bay, accessible from the common area of the block, and has in common with the other apartments in the same block the main door, the entrance hall, the stairs, and the staircase, the passenger lift, the drainage system, and the use of the roof, and this according to the conditions resulting in the contract dated eighteenth November of the year two thousand and two (18.11.2002) in the acts of Notary John Spiteri, bounded southeast with the said street, northwest with property of George Borg and west with property of Francis Gauci and others, free and unencumbered and is valued at sixty five thousand euro (€65,000).

The said tenement is the property of Entertainments Limted (C25687), and by decree dated 26th May, 2023, the Court upheld the request and the judicial sale was withdrawn in regards to the defendants Grima.

N.B. The said tenement will be sold as described in the acts of judicial sale number 38/2015.

GAETANA AQUILINA

For Registrar Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Dr Joseph M. Grech noe filed an application under oath (number 153/24/JVC) demanding the correction of the Act of Public Registry of Anna Viktorovna Gracheva number 2168/2016 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

Notice, Registry of the Civil Court, First Hall

Whereas Josephine Micallef (ID 248149M) filed an application (number 158/2024JVC) demanding the correction of the Act of Public Registry number 2345/2023 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

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 4th January, 2024, and upon an application numbered 1274/2023, ordered:

The Director of the Public Registry so, when he comes to register the Act of Birth of the applicant Lap Wai Rita Cheung, in the Public Registry of Malta, makes the necessary annotation or correction in her Act of Birth to make it appear that her name is ‘Lap Wai Rita’ and not just ‘Lap Wai’.

Court of Revision 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 10th January, 2024, and upon an application numbered 29/2024, ordered:

The Director of the Public Registry to make the necessary annotation or correction in the Act of Birth of the applicant Sebastian Borgia propio, bearing number 4818/1997 so that it appears that the surname of the applicant propio, has been changed from ‘Spiteri’ to ‘Borgia’.

Court of Revision 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 17th January, 2024, and upon an application numbered 35/2024, ordered:

The Director of the Public Registry to make the necessary annotations or corrections in the Act of Birth of Lady Dianne Catud Mercieca, when it comes to be registered in the Public Registry of Malta, so that the name ‘Lady Dianne Inawat’ is replaced by the name ‘Lady Dianne Catud’, also, this change will be reflected on her Maltese Act of Marriage, with number 6/2018.

Court of Revision 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 30th January, 2024, and upon an application numbered 1171/2023, ordered:

To the Director of the Public Registry so, when he comes to register the Act of Birth in the Public Registry of Malta, make the appropriate annotations or corrections so that it appears that, the name of W. Brent Vanderbrook, has been changed from ‘Walter Brent’ to ‘W. Brent’ and his surname should appear as ‘Vanderbrook’ only and not as ‘Vanderbrook Bobb’.

Court of Revision 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 30th January, 2024, and upon an application numbered 1044/2023, ordered:

To the Director of the Public Registry so, when he comes to register the applicant’s foreign Act of Birth in the Public Registry of Malta, makes the appropriate annotations or corrections to make it appear that, Ronald Paul Scalpello’s name propio was changed from ‘Ronald’ to ‘Ronald Paul’ and in relation to the surname this was changed primarily from ‘Downer’ to ‘Whaymand’ and subsequently it was changed from ‘Whaymand’ to ‘Scalpello’.

Court of Revision 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 30th January, 2024, and upon an application numbered 90/2024, ordered:

To the Director of the Public Registry so, when he comes to register the First Act of Marriage together with the respective foreign Divorce Decree, in the Malta Public Registry, make the corrections or annotations to show the surname of the wife, Elizabeth Pickard, took after the marriage is changed from ‘Poole’ to ‘Pickard’.

Court of Revision 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 2nd February, 2024, and upon an application numbered 88/2024, ordered:

The Director of the Public Registry to make the appropriate annotations or corrections in the Act of Birth of the applicant, Leonora Escueta Silos, when it comes to be registered in the Public Registry of Malta so that her second name is changed from ‘Cuevas’ to ‘Escueta’, and for the sake of uniformity and correctness, her name ‘Leonora Escueta’ is also reflected on her Act of Marriage when and if it is registered in Malta in terms of Art. 244 of the Civil Code (Cap. 16).

Court of Revision of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

By a decree of the 14th 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 Joseph Pisani (ID 622142M) on the 22nd November, 2023, is asking for the withdrawal of the amount of nineteen thousand, eight hundred and sixty eight euros and ten cents (€19,868,10) deposited by the Schedules of Deposit numbers 2094/2023, 1485/2023, 772/2023, 171/2023, 1823/2022, 1261/2022, 643/2022, 113/2022, 2000/2021, 1378/2021, 455/2021, 1848/2020 in the names of:

Joseph Pisani (ID 622142M) vs David Mamo (ID 48366M) and Donatella Pisani (ID 108773M).

The court ordered the notification to the counterparty with six (6) days from the notification to file a reply

GAETANA AQUILINA

For Registrar of Courts and Civil Tribunals

By decree of 9th Febraury, 2024, given 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(5) of the Code of Organisation and Civil Procedure (Cap. 12).

By a note filed in the Civil Court, First Hall, on 23rd August, 2023, by Lombard Bank plc with the registration number C1607 is asking to enter as another executor creditor in the acts of the judicial sale number 53/21 in the names Anne Marie Bezzina Busuttil (ID 72973M) vs Charter Properties Limited (C69311) against the executed company Charter Properties Limited are arising (i) from a loan contract in the records of the Notary Robert Micallef dated thirtieth of October of the year two thousand and nineteen (30.10.2019) which contract was rendered executive by means of an official letter dated the fourth of May of the year two thousand and twenty two (4.5.2022); (ii) from a loan contract in the records of the Notary Robert Micallef dated the fourteenth of June of the year two thousand and eighteen (14.6.2018), which contract was rendered executive by means of an official letter dated fourth May of the year two thousand and twenty two (4.5.2022); (iii) from a loan contract in the records of Notary Bartolomeo Micallef dated fourteenth of July of the year two thousand and fifteen (14.7.2015) which contract was rendered executive by means of official letter dated the fourth of May of the year two thousand and twenty two (4.5.2022); and (iv) from a loan contract in the records of Notary Robert Micallef dated eighteenth of November of the year two thousand and sixteen (18.11.2016) which contract was rendered executive by means of an official letter dated fourth of May of the year two thousand and twenty two (4.5.2022).

The actual creditors of Lombard Bank Malta plc against the executor Jeffrey Attard and the principal debtor Charter Properites Limited, until the seventh of August of the year two thousand and twenty three (7.8.2023) are (i) three hundred and fifty seven thousand, five hundred and eleven euro and thirty nine cents (€357,511.39), in addition to further interest until the effective payment regarding the loan contract in the records of Notary Robert Micallef dated thirtieth of October of the year two thousand and nineteen (30.10.2019), (ii) nine hundred and fifty seven thousand one hunded and sixty two euro and eighty six cents (€957,162.86), in addition to further interests until the effective payment, regarding the loan contract in the records of Notary Robert Micallef dated the fourtheenth of June of the year two thousand and eighteen (14.6.2018); (iii) forty two thousand, two hundred and forty five euro and thirty seven cents (€42,245.37), in addition to further interest until the effective payment regarding the loan contract in the records of Notary Bartolomeo Micallef dated the fourtheenth of July of the year two thousand and fifteen (14.7.2015) and (iv) five hundred and seventeen thousand forty three euro and fourteen cents (€517,043,14) in addition to further interest until the effective payment regarding the loan contract in the records of Notary Robert Micallef dated eighteenth of November of the year two thousand and sixteen (18.11.2016).

Further more for all the purposes and effects of the law, and in particular for the purposes of article 346 of Cap. 12.

MARVIC FARRUGIA 

For the Registrar, Civil Courts and Tribunals

By a decree given on the 9th February, 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 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 

By decree given by the Civil Court, First Hall, on the 30th November, 2023, on the application of Farstone Construction and Restoration Limited (C30589), Tuesday, 7th May, 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:

The tenement numbered ninety eight (98), in Triq ir-Repubblika, Valletta, with a superficial range of land of circa one hundred and eighty three square metre (183sqm), consisting of a former old building prior to the year of nineteen hundred and sixty seven (1967), with a long corridor with stairs accessing each floor and which opens into an internal yard from which one can access the basement through a flight of stairs, with its own airspace, and is valued at two million, three hundred and eighty two thousand and twenty four euro and ninety cent (€2,382,024.90).

The said tenement is the property of VLT Boutique Limited (C65817).

N.B. The said tenement will be sold as described in the acts of judicial sales number 12/2022.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

ARB/C017/2024 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 20th February, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD). Compilation Number 142/2024, in the case:

The Police 

(Inspector Mark Anthony Mercieca)

Versus

FABIO NASTASI, 47 years, son of Francesco and the late Agata née Ternullo, born in Catania, Sicily, on the 2nd November, 1976, without a fixed address in Malta and holder of Italian identity card bearing number AX7632428 and Maltese identification document bearing number 73761A.

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 FABIO NASTASI 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

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 15th February, 2024, and upon an application numbered 153/2024, ordered:

The Director of the Public Registry so, when he comes to register the Act of Birth in the Public Registry of Malta, make the appropriate annotations or corrections so that wherever the name of the minor son of the claimants, Chia-Yu Li and Hsiang-Chiun Teng, appears as ‘Chun-Hao’ and not ‘Shang-Hao’.

Court of Revision 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 15th February, 2024, and upon an application numbered 159/2024, ordered:

The Director of the Public Registry to make the appropriate annotations or corrections in the Act of Birth number 1505/2015, 1506/2015 and 1507/2015 so that wherever the name and surname of the father of the three minor children appears, the name of the father must be changed from ‘Kasm’ to ‘Kasem’ and the surname of the father must be changed from ‘Msalh’ to ‘Alsweleh’ and therefore the surname of the three minor children must be corrected from ‘Msalh’ for ‘Alsweleh’.

Court of Revision of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

Notice, Registry of the Civil Court, First Hall

Whereas Dr Alexander Scerri Herrera noe filed an application under oath (number 3/24/JVC) demanding the correction of the Act of Public Registry of Cecil Piccinino number 1769/1961 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 decree given by the Civil Court, First Hall, on the 19th February, 2024, on the application of Zammit George (ID 389461M) et, Thursday, 4th July, 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 means of a decree delivered, by the Constitutional Court, on the 13th November 2023, in the records of Constitutional Application number 332/2022 in the names Raymond Azzopardi (ID 805659M) as mandatary of the absentee Giovanni Maria sive John Mary Azzopardi (ID 0819535M) according to a power of attorney attached in his own name and as trustee of the late Helen Azzopardi who died on the 7th August, 2019, vs Anthony Cauchi (ID 0337946M) and the State Advocate, the following publication was ordered for the purpose of service of Anthony Cauchi in terms of section 187(3) et sequitur of Cap. 12.

By means of a reply of appeal by the State Advocate in the names premised, he filed this act on the 9th October, 2023, in reply to the application made by the appellant Raymond Azzopardi noe of the 25th September, 2023, and although the exponent agrees with the import of the judgment of the 15th September, 2023, that Raymond Azzopardi noe did adduce evidence of the title to the premises de quo the exponent does not agree with the Court of first instance whereby it rejected the second and fifth preliminary pleas of the exponent and thus the same State Advocate is availing himself of this reply to file this cross appeal.

Therefore, the exponent State Advocate requests this Honourable Court to reject the appeal brought by the appellant with costs against him and asks the Constitutional Court to uphold the cross-appeal appeal and thus to reform the judgement of the 15th September, 2023, in the cause in the names premised by confirming it where it found no proof of title and to annul it where it dismissed the mentioned exponent’s pleas.

Constitutional Application number 332/2022 in the above mentioned names Raymond Azzopardi noe vs Anthony Cauchi et has been deferred for hearing to the 22nd April, 2024, at 8:30 a.m.

Notification: Anthony Cauchi, 82, Giovanni House, Triq John Borg, Birkirkara

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 407/2016 in the names BNF Bank Plc (C41030) et vs Maxine Borg (KI 518087M) et, the following publication was ordered for the purpose of effecting service on Matthew Sant (KI 26685M) and Krystal Ann Sant (KI 421102L) in terms of section 187(3) et sequitur of Cap. 12.

By means of the Appeal Application No. 407/16 filed on the 14th April, 2023, in the names premised the appellant BNF Bank Plc felt aggrieved by the decision given by the Court of first instance on the 15th March, 2023, in the same names with the principal ground of appeal by the appellant Bank being that the Court relied completely on what the legal referee had said and thus both of them made a wrong evaluation not only of the law, but even of the evidence and this wrong evaluation led to erroneous remarks, observations and conclusions in the interpretation of the law.

Therefore, the appellant Bank respectfully requests this Honourable Court to: vary and modify the judgment in the names premised delivered by the First Hall Civil Court on the 15th March, 2023, by confirming that it dismisses the defendants’ pleas which the Honourable First Court rejected in its decision, annuls and revokes the rest of this decision in such a manner that it upholds all the demands of the appellant Bank and dismisses all the remaining pleas by the respondents, and this in terms of all the provisions and modalities that this Honourable Court deems fit and opportune in the circumstances of the case with costs against all the other parties.

Notification: Matthew and Krystal Ann Sant, 46, Flat 1, Orchid Apartments, Triq il-Labour, Naxxar

DR FRANCO BONDIN, LLD, M. JUR.

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Sharon Fenech (373289M) filed an application under oath (number 45/23AL) demanding corrections the Act of Birth of Chloe Fenech number 21/14- 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,

RITA VELLA BALDACCHINO

For Registrar, Civil Courts and Tribunals