Court Notices published in Government Gazette no 21,233 of 26th April 2024

By means of a decree delivered, by the Court of Appeal, Superior jurisdiction, on the 2nd April, 2024, in the records of the Applications Number 867/2016 and 267/2016 in the names Josephine sive Joyce Dimech, (ID number 379262 (M)) vs Pasqualino sive Lino Chircop (ID number 352865 (M)), the following publication was ordered for the purpose of service of Pasqualino sive Lino Chircop in terms of section 187 (3) et sequitur of Cap 12.

By means of Appeal Application No. 867/2016 and 267/2016 filed on the 30th November, 2023, the appellant Josephine sive Joyce Dimech felt aggrieved by the judgment of the First Hall Civil Court dated 31st October, 2023 in the names premised. The appellantʼs grounds of appeal are clear and manifest in so far as the court of first instance misapplied the law when it declared that the appellant had lost the juridical interest to proceed with the instituted cause in that it enunciated a myopic interpretation of the law governing juridical interest.

Therefore, the applicant appellant requests this Honourable Court of Appeal to uphold the appellantʼs grounds of appeal and consequently revoke the judgment appealed in its entirety and thus remit the records back to the Honourable First Court to deal with the appellant plaintiffʼs demands so that none of the parties is deprived of the right of review and this under all those terms and conditions that this Honourable Court deems fit and opportune. With costs of both instances against the respondent.

Notification: 67, St. Anthony Flats, Flat 3, Triq il-Parrocca, Naxxar

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

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal, Superior jurisdiction, on the 2nd April, 2024, in the records of the Application Number 618/2021 in the names Anthony Falzon, Giovanna Falzon, Joseph Falzon, Josephine Falzon, Maria Lourdes Farrugia, Saviour Falzon, Nicholas Falzon, Maria sive Mary Falzon Vincent Vella, Irene Galea, Lorina Sciberras in her own name and in the name of Stephania Balzan who is abroad, Patricia Portelli, Lorna Sultana, and Mario Bonello vs Ġiljan Falzon, the following publication was ordered for the purpose of service of Maria Lourdes Farrugia in terms of section 187(3) et sequitur of Cap 12.

By means of Appeal Application No. 618/2021 filed on the 24th March, 2024 in the names premised, the appellant Ġiljan Falzon (ID 0787057M) felt aggrieved by the judgment dated 24th February, 2023 delivered by the First Hall Civil Court and submits three grounds of appeal against this judgment, in that the Honourable First Court made a manifestly wrong evaluation of both the law and the facts when it rejected the appellantʼs first plea which deals with the irrituality of the present procedure and it did the same as regards the appellantʼs third plea which deals with the proof of title, as well as when it rejected the appellantʼs fourth plea which deals with the issue of grievous prejudice which the exponent is going to offer because of this sale.

Therefore, the appellant requests that this Honourable Court of Appeal (Superior jurisdiction) cancels, revokes and annuls the judgment appealed in its entirety, with costs of both instances against the respondents.

NOTIFY: Maria Lourdes Farrugia, 232, Mons Mikiel Azzopardi Street, Siġġiewi.

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

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 7th March, 2024, in the records of Sworn Application No:106/2022TA, which was filed on the 8th February, 2022, in the names: Cleanmasters Company Limited vs Fort Cambridge Property Management Limited, the following publication was ordered, in terms of Article 187 (3) et seq. of Cap.12 for the purpose of service of the respondents. The applicant asked this Honourable Court to, among others: Condemn the respondent company to pay the plaintiff company the sum of forty thousand, one hundred and six euros and forty nine cents (€40,106.49c). With all costs and interest against the respondents who are summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 29th May, 2024 at 9.30 a.m.

Notify Respondents: Max Home Services Malta Limited. Fort Cambridge Garage Complex. Level 0, Ponta Dragut Street, Tas-Sliema.

Director Kevin Buttigieg and Director Jeffrey Buttigieg. 76A, Borg Olivier Street, St Julian's.

CARMEL ABELA. M.SC. IN MANAGEMENT. D.P.A; DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

NOTICE BY THE REGISTRY OF THE CIVIL COURT (FAMILY SECTION)

Whereas the plaintiff JOSEPH TURNER (I.D. 80064 M) filed an application under oath (No. 82/24 AL) demanding CORRECTIONS of the ACT OF BIRTH of the minor Justine Micallef Registration number 1973/03 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

By decree issued by the Civil Court, First Hall, on the 16th January, 2023, in the acts of Sworn Application No:915/2018MH, which was filed on the 13th September, 2018, in the names: Schembri Rose et vs Schembri Jude Taddeo k/a Teddy et, the following publication was ordered, pursuant to Article 495A et sequitur of Chapter 16.

By means of an Application in the names: Rose Schembri [ID 548642M], Joseph Schembri [ID 172244M], Nazzareno Schembri [Canadian Passport No. M4939412], Rocco Schembri [Canadian Passport No. HC 132725], Paul Schembri [Canadian Passport No. GF 114819] and by means of a decree of the 13th May, 2019 the acts were amended to reflect a transfer of the proceedings onto Josephine Mary Schembri as heir of the late Paul Schembri, Josephine Ward [Australian Passport No. N8713879] vs Schembri Jude Taddeo k/a Teddy [ID 54163M], Mario Schembri and by means of a decree of the 25th October, 2018 Advocate Dr Carmelo Galea was nominated deputy curator to represent the absentee Mario Schembri, Carmelo Schembri [ID 544341M] and Giacinto Schembri k/a Sintio [ID10859M] filed in the First Hall of the Civil Court on the 13th September 2018 Rose Schembri [KI 548642M], Joseph Schembri [KI 172244M], Nazzareno Schembri [Canadian Passport No. M4939412], Rocco Schembri [Canadian Passport No. HC 132725], Paul Schembri [Canadian Passport No. GF 114819] and by means of a decree of the 13th May, 2019 the acts were amended to reflect a transfer of the proceedings onto Josephine Mary Schembri as heir of the late Paul Schembri, Josephine Ward [Passport No. Australian No. N8713879]

1. That the applicants are filing this application in terms of Article 495A of the Chapter 16 of the Laws of Malta;

2. That all the parties in this application are siblings and co-owners of the house with official number 88 known as ʼFaith Houseʼ, in Triq il-Qrendi, corner with Triq Napuljun, in Żurrieq, including the garage without an official number which is accessible from Triq il-Qrendi and interconnected with the same house, and this through the succession of their parents Anthony Schembri and Anna sive Annetta nèe Bugeja;

3. That in terms of the promise of sale agreement dated 12th June, 2018 by Notary Jonathan Zammit, the majority of the co-owners promised to sell the property described above to Emanuel and Theresa sive Tessie Mifsud at the price of seven hundred and fifty thousand euros (€750,000) [a copy of the agreement is attached and marked as Document A]

4. That the applicants declare that the same property has been co-owned between the parties for more than three years and precisely for the last 11 years and this as explained;

5. That it is declared that there are judicial proceedings instituted by Mario Schembri [a copy of the sworn application is attached here and marked as Document B] through which he is challenging the wills made by the parents and also objecting to part of the a share enjoyed by Rose Schembri on the aforementioned property which amounts to an undivided one- third (1/3) share of the full ownership;

6. That therefore for such purpose it is declared that until the merits of that case are decided, the contested share of Rose Schembri shall on the deed of sale be deposited in the Court so that it can be freely withdrawn by whoever has a right to it;

7. That the applicants declare that the price agreed on the said agreement is the highest price they could get;

8. That the agreed price is a real and reasonable one;

9. That the sale of the property is beneficial to all parties and this will be explained during the course of the proceedings and the respondents will not be prejudiced by this sale;

10. That a schedule showing the present shares with the number and value of the shares of the respective co-owners on the property is being attached with this application [a copy of which is attached here and marked as Document C];

11. That since there is no unanimous agreement for the sale of the said property, the present case had to be filed;

Accordingly, the applicants respectfully request this Honourable Court such that, subject to the necessary declarations and after the appropriate directions are given, for the reasons mentioned above, it:-

(1) Authorises the sale of the above-mentioned property under the terms of Article 495A of the Chapter 16, for the price and under those terms and conditions of the promise of sale agreement dated 12 June 2018;

(2) Orders that the said sale be published by Notary Jonathan Zammit at the time, day and place that this Honourable Court schedule;

(3) Appoints deputy curators to appear on the final deed of sale to represent whoever does not appear, on that day, time and place thus established;

(4) Gives those orders and directions as are necessary to protect the rights of the parties in the litigation mentioned above in the names Dr. Carmel Galea noe vs. Rosina Schembri et so that these remain unprejudiced.

With the costs against the defendants who are now summoned so that a reference to their oath be made;

Plaintiff:

1. Schembri Rose [548642M], 88, Faith, Triq Il-Qrendi, Żurrieq

2. Schembri Joseph [172244M], 16, Triq San Leopoldu, Żurrieq

Notification;

1. Schembri Jude Taddeo k/a Teddy [KI 54163M], 185, St Rocco, Fl 1, Triq San Paul, Żurrieq

2. Carmelo Schembri [KI 544341M], 110, Carclem, Vjal Ix-Xarolla, Żurrieq

3. Giacinto Schembri k/a Sintio [KI10859M] 19, Triq L-Angovini, Qrendi

The Sworn Application in the names: Rose Schembri et vs Jude Taddeo sive Teddy Schembri et, Application Number:915/2018MH, is postponed to 30th October, 2024 at 9.00 a.m..

Register of the Superior Courts, today, 19th April, 2024.

CARMEL ABELA. M.SC. IN MANAGEMENT. D.P.A; DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

AUCTION NO. 4/2024

By decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the twenty-second (22) of April of the year two thousand and twenty-four (2024) on the application of John and Frances Galea (KI 32157G) and (KI 58162G), in the records of judicial sale by auction numbered four thousand, twenty-four (4/2024) in the names 'John Galea et vs Dr. Deborah Camilleri noe' and following judgement given by the Court of Magistrates (Gozo), Superior jurisdiction, General Section, on the 24th January, 2024 in the records of writ of summons number 84/2020SG, in the names “John Galea et vs Dr. Deborah Camilleri noe", the day of Monday, 10th June, 2024, at 10.00 a.m., has been fixed for the Sale by Licitation to be held at the Gozo Courtʼs edifice in Cathedral Square, Victoria, Gozo, of the following properties:

1. Property numbered (33), Triq il-Madonna taċ-Ċiċri, Żebbuġ, Gozo, valued at (€141,900)

2. Property or rather land in the district known as Taʼ Cakra, limits of Żebbuġ Gozo, measuring approximately eight hundred and eight square metres (808 sq.m.), valued at (€8500).

This property belong to the parties in the said writ of summons and will be sold as described in the report by AIC Claude R. Mallia sworn on the 2nd of March, 2022, in the same records of said writ of summons.

Martina Axiak

For the Registrar, Gozo Courts and Tribunals

ARB_FFO/009/2021– Foreign Freezing Order

IT IS BEING NOTIFIED that by a Cancellation Order dated 21st December, 2023, issued by the National Public Prosecutor's office for Serious Fraud, Environmental Crime and Asset Confiscation, Amsterdam, the Netherlands, in the case: 

... omissis ...

AND

... omissis ...

ORDERED the cancellation of the freezing order on the accounts appertaining to ... omissis ...​ and held with local entities up to a limit of nine hundred and fifteen thousand seven hundred and sixty-one euro (€915,761.00) and three hundred and twenty one thousand two hundred and eighty euro and 15 cents (€321,280.15) respectively.

This cancellation of a freezing order is being recognised and executed in Malta according to Chapter 621 of the Laws of Malta, Legal Notice 180 of 2021 (Mutual Recognition of Freezing Orders and Confiscation Orders Regulations, 2021), and European Union Regulations 1805/2018.

Director, Asset Recovery Bureau

By means of a decree delivered, by the Constitutional Court, on the 8th April, 2024, in the records of Constitutional Application number 525/2022, in the names Notary Dr John Cachia Zammit (ID 482558M) and Kathryn Gambin (ID 68757M) vs Maria Abela and the State Advocate, the following publication was ordered for the purpose of service of Maria Abela in terms of section 187 (3) et sequitur of Cap. 12.

Whereas in the Constitutional Appeal Application number 525/2022 filed on the 15th December, 2023, the appellants Notary Dr John Cachia Zammit and Kathryn Gambin felt aggrieved by the judgment dated 5th December 2023 since they do not agree with the liquidation of the compensation given to them by the Honourable First Court and thus, the appellants are asking for compensation for the whole share of the premises in question and for the whole period, and that is from the year 1987-2021 and thus, instead of twelve thousand euro (€12,000) they are to receive the sum of not less than €58,778.15.

Therefore, the appellants are asking this Honourable Constitutional Court so that as regards the judgment given by the First Hall Civil Court (Constitutional jurisdiction) on the 5th December, 2023, it confirms it whereby it rejected the pleas of the State Advocate, it confirms it where it rejected Maria Abela's pleas and upholds all the requests of the applicants so that the pecuniary damages be liquidated in the sum of €41,778.15 or another appropriate sum in addition to non-pecuniary damages in the amount of €15,000 amounting overall to €58,778.15 with legal interests from the date of the first judgement till the effective payment and with costs against the respondent State Advocate.

Constitutional Application number 525/2022 in the names Notary Dr John Cachia Zammit and Kathryn Gambin vs Maria Abela and the State Advocate is deferred to the 3rd June, 2024, at 8:30  a.m.

Notification: Maria Abela, 136, Triq Santa Marija, Żejtun

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 31st April, 2024, in the records of the Application number 1063/2020 in the names Belight Capital Group Limited, a foreign company registered in Cyprus with registration number HE345448 vs Clint La Rosa personally and Welcome Auto Dealer Ltd, the following publication was ordered for the purpose of service of Clint La Rosa personally and Welcome Auto Dealer Ltd in terms of section 187 (3) et sequitur of the Cap.  12.

By means of the Appeal Application number 1063/2020 filed on the 9th January, 2023, in the names premised the appellant company, Belight Capital Group Limited felt aggrieved by the judgment of the First Hall Civil Court delivered on the 28th October, 2021, for the reasons expounded in the appeal application.

Therefore, the appellant company humbly requests that this Honourable Court revokes the judgment appealed in the sense that: 1) it upholds the third and fourth pleas of the respondent defendants; and 2) refers the case back to the Court of First Instance to consider and decide on the remaining pleas of the respondent defendants and upholds the claims of the appellant company with costs against the respondent.

Notification: Clint La Rosa and Welcome Auto dealer Ltd, Triq San Luqa, Gwardamanġa, Tal-Pietà

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Constitutional Court, on the 4th March, 2024, in the records of the Constitutional Appeal Application number 68/2020 in the names Assunta Josephine sive Josephine D'Amato (ID 749261M), Consuela Cini D'Amato (ID 165680M), Consiglio D'Amato (ID 225081M) and Sabienne D'Amato (ID 232793M) vs the State Advocate and for any interest that Maria Dolores sive Doris Portelli (ID 454584M) migħt have, the following publication was ordered for the purpose of service of Doris Portelli in terms of section 187(3) et sequitur of Cap.  12.

Whereas in the Constitutional Appeal Application number 68/2020 filed on the 18th July 2023 in the names premised, all the applicants mentioned felt aggrieved by the judgment of the First Hall Civil Court (Constitutional jurisdiction) of the 28th June, 2023, on the grounds that:

1. As a result of the recent amendments in Cap. 199 the Court did not grant a remedy to terminate the lease or at least declare that the respondent Portelli does not have the right to enjoy the protection of Cap. 199; and

2. That compensation for non-material damages and material damages is low.

Therefore, the applicants respectfully request that this Honourable Court varies the appealed judgment by granting a further remedy in the sense that it declares that the respondent Portelli should not have the right to rely more on the protection given to her by Cap.  199 and the subsidiary laws for the same and furthermore increases the non-material damages and material damages in the light of what is premised in the appeal application with costs of this appeal against the respondents.

Notification:   Maria Dolores sive Doris Portelli, 'Joann', Triq Sant'Antnin, Marsaskala

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 18th March 2024, in the records of the Application number 1224/2021 in the names Godwin Azzopardi vs Mary sive May Cauchi and Helen sive Eileen Tonna as well as Shirley Cauchi, Roderick Cauchi, Alison Cumbo, Jeffrey Zahra and Sandro Zahra for any interest they may have, the following publication was ordered for the purpose of service of Godwin Azzopardi in terms of section 187 (3) et sequitur of Cap.  12.

Whereas in Appeal Application number 1224/2021 filed on the 14th March, 2024, Mary sive May Cauchi and Helen sive Eileen Tonna felt aggrieved by the judgment delivered by the First Hall Civil Court in the names premised on the 28th September, 2023, in which decision the applicants were ordered not only to carry out a promise of sale but also for a proportional reduction in the price since the title they have on the property in question is not certain. The grounds of appeal relate to:

 1. A change in conditions which the parties accepted;

2. That the percentage and share held by the applicants of the property in question is not established;

3. An appeal from the decree of the Court of First Instance which dismissed the request of the exponents so that the respondent produces evidence which shows that he has the financial means for the conclusion of the final contract and to buy the property de quo.

Therefore, the appellants humbly request the Honourable Court of Appeal to revoke the decree given on the 17th March, 2023, by the Honourable First Court and the subsequent decree given on the 30th March, 2023, and order the respondent Godwin Azzopardi to produce the necessary evidence to show that his bank accounts satisfy the price of sale as stipulated in the preliminary agreement with the applicant dated 27th November, 2020; and subsequently and without prejudice to the above cancel and revoke the judgment delivered by the Honourable First Hall Civil Court in the names premised on the 28th September, 2023, insofar as it rejected the pleas of the appellants and obliged the exponents to sell and transfer to the plaintiff any share they have in the property, and this according to the terms and conditions of the preliminary agreement, at a price proportional to the undivided share held by the same defendants and that it upholds the pleas of the appellants with the costs of all instances against the plaintiff respondent.

Notification: Godwin Azzopardi, Redeemer, Triq Tas-Salib, Rabat, Malta

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 2nd April, 2024, in the records of the Constitutional Application number 165/2022 in the names Peter sive Pierre Falzon and his wife Helen sive Elenita Falzon vs the State Advocate and by decree of the 13th May, 2022, there were joined in suit Francis Mamo, Nicolina Mamo, Adv. Dr Robert Zammit and the Registrar Civil Courts and Tribunals, the following publication was ordered for the purpose of service of Francis Mamo and Nicolina Mamo in terms of section 187(3) et sequitur of Cap.  12.

Whereas in the Constitutional Appeal Application number 165/2022 filed on the 19th December, 2023, Peter sive Pierre Falzon (ID 535060M) and his wife Helen sive Elenita Falzon (ID 506761M) felt aggrieved by the judgment in the premised names dated 6th December, 2023, of the First Hall Civil Court on grounds relating to:

 1. The point made by the Court of First Instance regarding the freezing order with which the applicants are affected;

2. The issues raised on the part of the exponents regarding equality of arms, effective access to justice as well as the issue of security for costs in the merits of the present procedures and alternative guarantees for such security;

3. That part of the judgment of the Court of First Instance, whereby the respondent State Advocate was declared non suited in the present proceedings.

Therefore, the appellants request that:

 1. This Honourable Court cancels and revokes the judgment delivered by the First Hall of the Civil Court in the names premised on the 6th December, 2023, and

2. Proceed to uphold all the demands of the applicants qua appellants as brought forward in their original application and consequently it dismisses all the pleas of the respondents with costs against the respondents.

Notification: Francis Mamo and Nicolina Mamo, 58, 8th September, Triq il-Qoton, Naxxar

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

CJ 100/2000 – Cancellation of a Freezing Order

It is being notified that by a decree dated 14th March, 2024 given by Criminal Court of Appeal (Gozo), (Hon. Justice Dr Consuelo Scerri Herrera, LLD) after an application filed by Lawrence Attard on the 29th February, 2024, and following the execution of judgement given by the Criminal Court of Appeal (Malta) on the 6th of January, 2021, Appeal number 497/2013, in the case in the names:

The Police

(Inspector Carmelo Magri)

vs

LAWRENCE ATTARD, 60 years, son of Carmel and Giorgina née Grech, born at Rabat (Gozo) on the 10th April, 1964, residing at number 113, Triq il-Knisja, Għarb, Gozo, and holder of identity card bearing number 15064G.

The Court ORDERED THE CANCELLATION of the freezing order of all the assets of the said Lawrence Attard which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Miriam Hayman, LLD) by a decree dated 6th March, 2000, and published in the Government Gazette of the 14th March, 2000.

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 Criminal Tribunals (Malta)