Court Notices published in Government Gazette No.21,236 of 3rd May 2024

By means of a decree delivered, by the Court of Appeal, Superior jurisdiction, on the 22nd February, 2024, in the records of the Application number 187/93 in the names Marcus Marshall nomine vs the Land Registrar et, the following publication was ordered for the purpose of service of Innocenzo Farrugia in terms of section 187 (3) et sequitur of Cap. 12.

By means of the Appeal Application number 187/93 filed on the 3rd November, 2023, in the names premised, (hawn appellanti) Rev. Dun Nikol Aquilina (ID 0881739M) representing the vacant inheritance of Teresa Bonello, Teresa Grixti and Nikolina Cutajar; Maria Borg (ID 0513750M), Nicholas Pace (ID 0395452M) and Carmel Pace (ID 0542554M) in their capacity as heirs of the deceased Carmela Pace; Carmela Tanti (ID 0969044m); Maria Lourdes Gauci (ID 0566241M); Phyllis Camilleri (ID 083054M) and Albert Attard (ID  025857M) n their capacity as heirs of Caterina Attard; Salvatore Tanti (ID 0766534m); Lucia Falzon (ID 0212236M); Mary Ciappara (ID 0555959m) and Doris Vella (ID 0704054M) in their capacity as heirs of the deceased Maria Assunta Farrugia felt aggrieved by the judgment delivered by the First Hall Civil Court on the 4th October 2022, for the reasons therein premised, on the basis of three grounds of appeal, namely: 1) the plaintiffs did not satisfy the requisites of the actio rei vindicatoria; 2) regarding the doubts on the certificate of absolute title held by the applicants; (3) regarding the period of acquisitive prescription.

Therefore, the appellant is humbly asking this Honourable Court of Appeal to uphold this appeal and thus cancel, annul and revoke the appealed judgment dated 4th October 2022 in the names above premised, and proceed further by, whilst rejecting the claims of the plaintiff-respondents, uphold the pleas of the same exponent-appellants, with costs of both instances against the same plaintiff-respondents.

Notify: Innocenzo Farrugia, 22, Parish Street, Mqabba

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 22nd February, 2024, in the records of the Application Number 187/93 in the names Marcus Marshall nomine vs the Land Registrar et, the following publication was ordered for the purpose of service of Innocenzo Farrugia in terms of section 187 (3) et sequitur of Cap. 12.

By means of the Appeal Application number 187/93 filed on the 2nd November, 2023, in the names premised, the curator Dr Vincent Galea (ID 50570M) u l-Prokuratur Legali Victor Bugeja (ID 44963G) nominated by decree dated 8th October 2003 sto represent the deceased Nikolina Aquilina who died during the proceedings felt aggrieved by the judgment delivered by the First Hall Civil Court on the 4th October 2022, for the reasons therein premised, on the basis of three grounds of appeal, namely: 1) the plaintiffs did not satisfy the requisites of the actio rei vindicatoria; 2) regarding the doubts on the certificate of absolute title held by the applicants; (3) regarding the period of acquisitive prescription.

Therefore, the appellant is humbly asking this Honourable Court of Appeal to uphold this appeal and thus cancel, annul and revoke the appealed judgment dated 4th October, 2022, in the names above premised, and proceed further by, whilst rejecting the claims of the plaintiff-respondents, uphold the pleas of the same exponent-appellants, with costs of both instances against the same plaintiff-respondents.

Notify: Innocenzo Farrugia, 22 Parish Street, Mqabba

Dr Franco Bondin, LLD, M.Jur.

For the Registrar, Civil Courts and Tribunals

ARB/C027/2024 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 28th April, 2024 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Rachel Montebello, LLD). Compilation Number 364/2024, in the case:

The Police

(Inspector Jonathan Pace)

Versus

PIERRE CREMONA, unemployed, 50 years, son of the late Anthony Cremona and Carmen Cremona née Zammit, born in Tal-Pietà, Malta, on the 12th June, 1973, residing at 'Coral Court', Penthouse 7, Triq id-Demnuq, Siġġiewi, and/or Morelle Court, Triq San Pawl tal-Qliegħa, Mosta, and/or Block H, Flat 3, Triq ix-Xemxija, Marsa, and holder of Maltese identity card bearing number 286273M.

OWEN CREMONA, employee, 24 years, son of Pierre Cremona and Iris Cremona née Ciantar, born in Tal-Pietà, Malta, on the 29th August, 1999, residing at 392, 'Ġesù Redentur', Triq San Tumas, Ħal Tarxien, and/or 'Morelle Court', Triq San Pawl tal-Qliegħa, Mosta and holder of Maltese identity card bearing number 298899M.

AND

STEFANO MONTEBELLO, unemployed, 39 years, son of Joseph Montebello and Pauline Montebello née Schembri, born in Tal-Pietà, Malta, on the 6th January, 1985, residing at 'Morelle Court', Triq San Pawl tal-Qliegħa, Mosta, and holder of Maltese identity card bearing number 52585M.

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 PIERRE CREMONA, OWEN CREMONA, and STEFANO MONTEBELLO and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

Any person who acts in contravention of the court order as mentioned in Article 22A and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six Euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve 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 of the 13th February, 2024, handed down by the Juvenile Court in the records of the application number 76/2023AC in the acts of the application Alternative Permanency Plan N.E.A., the following publication was ordered for the purpose of effecting service on Meserat Balay Dante in terms of Article 187(3) et sequitur of Cap. 12.

By means of a note in the names The Minors Care Review Board filed in the Juvenile Court, on the 12th June, 2023, in the acts of the Application Number 73/2023AC, the applicant the Minors Care Review Board filed its recommendations on the decision it has taken on the 15th April, 2021, and on the 17th November, 2022, by means of document marked as Doc. A1 u Doc. A2 and this according to Article 33(7) and Article 33(10) for the alternative permanency plan that is being here attached and marked as Doc. B, so that a decree by this Honourable Court will be given to order that the alternative permanency plan is in the best interest of the minor (Art 23(4)).

By means of a decree dated 13th June, 2023, the Court ordered after it saw the exhibited documents and Article 23(1)(4)(5) and 33(7) of Cap. 602 that there is no néed to hear the minor in terms of article 17(1) of Cap. 602 and there is also no néed to hear other views and that the Court is of the opinion that the alternative permanency plan as proposed is in the best interest of the minor  … omissis …  and order that it comes into force.

The Court ordered that the care and custody of the concerned minor be vested in the Director of Alternative Care (Children and Minors) Ms Remenda Grech (ID 28184M) and ordered also the medical and educational authorisation be vested in the hands of Fr Eric Cachia (ID 389376).

The Court ordered that the minor continues to reside at the residential home of St Patrick's, St John Bosco, Tas-Sliema SLM 1925.

Applicant: The Minors Care Review Board, 469, Bugeja Institute, Triq il-Kbira, Santa Venera

Notification: Meserat Balay Dante, 10A, Triq Antonio Agius, Floriana

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal, Inferior Jurisdiction, on the 25th March, 2024, in the records of the Application number 1/2023 in the names David Borg Manchè (ID 253183M) vs Mary Barbara (ID 0209638M), the following publication was ordered for the purpose of service of Mary Barbara in terms of section 187(3) et sequitur of Cap. 12.

Whereas in Appeal Application number 1/2023 filed on the 19th February, 2024, the applicant David Borg Manchè felt aggrieved by the judgment delivered by the Rent Regulation Board on the 30th January, 2024, and filed this appeal on the basis of three grounds, i.e. 1) the nullity and irregularity of this judgment since the Board acted ultra and extra petita; 2) without prejudice, the Board was wrong and contradictory when it rejected the first claim by the appellant; 3) the same Board made a wrong assessment of the facts and law in dismissing the appellant's second claim; 4) without prejudice to the conclusions reached by the Board, the appellant should not bear all the costs of the proceedings.

Therefore, the appellant respectfully requests that this Honourable Court of Appeal:

1. Declares the nullity of the Rent Regulation Board judgment in the names premised in terms of section 790 of Cap. 12 for the reasons above premised, whilst proceeding to uphold the appellant's claims brought forward in the original application;

2. In the case that this Honourable Court of Appeal considers that it should not declare null the judgment in its entirety, it shall declare null that part of the judgment wherein the Board solicits the Planning Authority to take direct action on the site, merits of these procedures whilst proceeding to uphold the appellant's claims brought forward in the original application;

3. In case the first grievance is not upheld, it upholds the Appellant's second, third and fourth pleas and thus vary, revoke, cancel and annul the judgment of the Board whereby it rejected the demands of the applicant appellant, and instead uphold the demands brought forward by the appellant in their entirety for reasons submitted with costs of every instance against the respondent.

Application number 1/2023 in the names David Borg Manche (ID 253183M) vs Mary Barbara (ID 0209638M), has been deferred to the 8th May, 2024, at 10.30 a.m.

Notification: Mary Barbara, 78, Triq Nazzarenu, Paola

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Court of Appeal, Inferior Jurisdiction, on the 20th February, 2024, in the records of the Application number 1/2024 in the names Dmitry Reiderman (ID 01144178A) vs Christian Borg (ID 131549M) carrying on trade as Gold Car Rental Malta, the following publication was ordered for the purpose of service of Dmitry Reiderman in terms of section 187(3) et sequitur of Cap 12.

Whereas in Appeal Application number 1/2024 filed on the 23rd January 2024, the appellant Christian Borg felt aggrieved by the decision dated 3rd January, 2024, delivered by the Consumer Claims Tribunal in so far as:

 1. the Tribunal violated the principles of natural justice in deciding that the vehicle provided was “damaged" when this was not true nor did it result from the evidence and furthermore it disregarded the fact that the respondent applicant had expressed his satisfaction regarding the vehicle provided by the defendant noe and that the complaints raised by the applicant were expressed after the same applicant had made use of the vehicle; and

 2. The Tribunal violated the principles of natural justice in upholding the applicant's claims as sumbitted in such a way that effectively the Tribunal declared that the sum of €10,720.00 which is due from the claimant to defendant noe in separate proceedings before the Court of Magistrates (Malta) are not owed to the same defendant noe.

Therefore, the applicant requests this Honourable Court of Appeal to revoke the judgment delivered by the Consumer Claims Tribunal dated 3rd January 2024, with the consequence that for the reasons adduced in the application or one of them, it decides by dismissing the respondent's claims, with costs of both instances against the respondent.

Application number 1/2024 in the names Dmitry Reiderman (ID 01144178A) vs Christian Borg is deferred to the 15th May, 2024, at 9.50 a.m.

Notification: Dmitry Reiderman, Fairview Court, Flat 6, Triq Sir Joseph Carbone, St Julian's

Dr Franco Bondin, LLD, M. Jur.

For the 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 24th April, 2024, and upon an application numbered 390/2024, ordered:

To the Director of the Public Registry to make the appropriate annotations or corrections in the Act of Birth number 1695/2001 and on the Act of Marriage number 2871/1977 so that the surname of Joseph Saliba is to be changed from 'Saliba' to 'Cross'.

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 24th April, 2024, and upon an application numbered 389/2024, ordered:

To the Director of the Public Registry to make the appropriate annotations or corrections in the foreign Act of Birth of the applicant, Alona Alcantara McKay, when it comes to be registered in the Public Registry of Malta so that her second name is changed from 'Enriquez' to 'Alcantara', as well as to make the same annotation or correction in the Act of Marriage number 497/2018.

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 24th April, 2024, and upon an application numbered 393/2024, ordered:

To the Director of the Public Registry to make the appropriate annotations or corrections in the Act of Birth number 6875/2023 so that the name of the minor, Kendiny Pace, is changed from 'Kendiny' to 'Kayden'.

Court of Revision of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree of the 16th April, 2024, of the Civil Court (Family Section), in the records of the sworn application in the names Yanies Zammit vs Jonathan Coleiro, Application Number 24/2024JPG, the following publication was ordered for the purpose of effecting service on the respondent Jonathan Coleiro in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an Application in the records of the Sworn Application number 24/2024JPG in the names Yanies Zammit (ID 185582M) vs Jonathan Coleiro (ID 25087M), filed in the Civil Court (Family Section), on the 18th January, 2024, the applicant Yanies Zammit (ID 185582M) requested this Honourable Court to:

1. Order that the marriage between the parties of the 14th February, 2014, be dissolved;

2. Order the Registrar Civil Courts so that within the time allowed for this purpose by the same Court, he notifies the Director Public Registry of the dissolution of the parties' marriage so that it be registered in the Public Registry.

The application in the names Yanies Zammit vs Jonathan Coleiro, Application number 24/2024JPG has been postponed for hearing to the 9th May, 2024, at 9.45 a.m.

Applicant: Blk E, Triq Ġużè Ellul Mercer, Msida

Notification: respondent Jonathan Coleiro – Ray's Flats, Block 2, 17, Triq Wesgħet l-10 ta' Diċembru 1987, Kalkara.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 2nd February, 2024, of the Rent Regulation Board, in the records of the Application in the names Anne Grech vs Carmelo Mizzi et, Application number 206/2023CG, the following publication was ordered for the purpose of effecting service on the respondents Carmelo Mizzi and Rafela Mizzi in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Anne widow of Victor Grech (ID 439242M) vs Carmelo Mizzi (ID 161445M), Rafela Mizzi (ID 493251M) and Housing Authority filed in the Rent Regulation Board, on the 18th April, 2023, the applicant Anne widow of Victor Grech (ID 439242M) requested this Honourable Board why it should not:

1.  Orders that the means test of the respondents Carmelo Mizzi (ID 161445M) and Rafela Mizzi (ID 493251M) in terms of Act XXIV of 2021 be carried out, based on the means test set out in the Rules of the Continuation Tenancies (Means Testing Criteria), issued under Article 1622A of the Civil Code and any regulations which may from time to time replace them and which shall be based on the income of the lessee between 1st January and 31st December, 2020, and on the capital of the lessee on the 31st December, 2020, and carried out with particular reference, inter alia, to regulations 4 to 8 of the Rules of the Continuation Tenancies (Means Testing Criteria) which shall apply mutatis mutandis in this case;

2. Declare and decide that in terms of Act XXIV of 2021, the rent of the premises 17, Triq il-Katidral, Tas-Sliema, is to be revised to an amount not exceeding 2% per annum of the free and unencumbered value of the applicant's property on the open market and to establish new conditions regarding the lease;

3.  Order and condemn the respondents Carmelo Mizzi (ID 161445M) and Rafela Mizzi (ID 493251M) to start paying this increased rent in terms of Act XXIV of 2021, with effect from the filing of this application;

4.  Order in case the respondents Carmelo Mizzi (ID 161445M) and Rafela Mizzi (ID 493251M) do not satisfy the criteria of income and capital of the means test, her eviction from the premises in question within a short and peremptory time established by this Board and not later than two years from the 1st June, 2021.

With costs and the respondents are from now summoned so that a reference to their oath be made and this without prejudice to any other action that may be filed.

Applicant: 162, Triq il-Kbira, St Julian's

Respondent: 17, Triq il-Katidral, Tas-Sliema

Housing Authority

The application in the names Anne Grech vs Carmelo Mifsud et, Application number 206/2023CG has been postponed for hearing to the 14th May, 2024, at 9.15 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 5th April, 2024, of the Civil Court (Family Section), in the records of the Sworn Application in the names Dolores sive Doris Cassar vs George Cassar, Application Number 282/2023AGV, the following publication was ordered for the purpose of effecting service on the respondent George Cassar in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an Application in the records of the Sworn Application number 282/2023AGV in the names Dolores sive Doris Cassar (ID 467853M) vs George Cassar, filed in the Civil Court (Family Section), on the 27th December, 2023, the applicant Dolores sive Doris Cassar (ID 467853M) requested this Honourable Court to:

1. Declare and pronounce the personal separation between the parties and this due to faults solely and exclusively imputable to the defendant as above explained and authorise the plaintiff to live separately from the defendant;

2. Declare that the defendant forfeited any right to ask or to accept maintenance from the plaintiff;

3. Order the defendant to pay the applicant maintenance consisting in half of the respondent's pension as in fact is happening now in such a way that this pension is divided equally between the parties;

4. Apply against the defendant the effects in whole or in part of Articles 48 and 52 of Cap. 16 of the Laws of Malta to the extent applicable, including the confirmation that he lost every right to inherit the plaintiff;

5. Dissolve and liquidate the common property existing between the parties and divide it into two portions not necessarily equal in the light that the defendant is solely guilty of personal separation and assign a portion to the plaintiff and a portion to the defendant ape sententiam by also considering the dates of acquisition of the various property and the dates from which the defendant is to be considered guilty of the faults committed by him as a consequence of which the two were irretrievably broken down, whilst nominating a notary to receive the relative deed in which he incorporates all the effects of the judgement and curators to represent the eventual defendant on the same deed;

6. Condemn the defendant to return to the plaintiff all her dotal and/or paraphernal property which results during the hearing of the cause, and this within a short and peremptory time to be fixed by this Honourable Court and in default of the defendant to do so, condemn him to pay the plaintiff that sum which shall be liquidated, if necessary by the appointment of referees, representing the value of the aforementioned dotal and/or paraphernal property;

7. Assign to the plaintiff her paraphernal property and/or the value of the same and order the defendant to return to the plaintiff all her paraphernal property or the relative value of the same if any;

8. Evict the defendant from the matrimonial home and namely the premises situated Flat 1, Triq Anton Cassar, Marsa, which premises are the paraphernal property of the applicant and allows the applicant to abide therein to the exclusion of her husband;

9. Authorise the applicant to change the lock of the matrimonial home and to reside exclusively in the matrimonial premises and order that immediately at no time shall the respondent approach the applicant;

10. Confirm the protection order in terms of Article 412C in terms of the Civil Code or a treatment order under Article 412D of the Civil Code;

11. Appoint a notary public to publish the relative deed and deputy curators to represent the eventual defendant;

12. Declare that the plaintiff is to remain with her marriage surname;

13. Pronounce the dissolution of the marriage which was celebrated between the parties in the Public Registry;

14. Order the Registrar of the Court so that within the time allowed for this purpose by the same Court, he warns the Director Public Registry both of the separation and the dissolution of the parties' marriage so that such is registered in the Public Registry;

15. Authorise the plaintiff to register the eventual judgement in the Public Registry.

With costs, including those of all procedures before the Civil Court (Family Section) and of mediation before this application, against the defendant who is from now summoned so that a reference to his evidence be made.

The application in the names Dolores sive Doris Cassar vs George Cassar, Application number 282/2023AGV has been postponed for hearing to the 15th May, 2024, at 9.00 a.m.

Applicant: Flat 1, Triq Anton Cassar, Marsa

Notification: St Joseph, Maisonette 2, Triq ta' Loreto, Ħal Għaxaq

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 22nd March, 2024, in the records of Sworn Application number 135/2024AJD, which was filed on the 8th February, 2024, in the names: Morgan Salvatore pro et noe et vs Cooper Margaret, 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 Honorable Court to, among others: Nominates Notary James Grech to publish the declaration causa mortis, if any and the present transfer in terms of the preliminary agreement of the 5th December, 2023. With all costs against the respondent who is summoned so that a reference to her evidence be made.

The Sworn Application in the names mentioned above is postponed to 9th May, 2024, at 9.00 a.m.

Notify Respondent: Cooper Margaret. Belmond Heights, Block C, Flat 8, St Ignatius Street, Tas-Sliema

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 27th October, 2023, in the records of Constitutional Application number 236/2023ISB, which was filed on the 5th May, 2023, in the names: Scerri Victoria sive Vivienne 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 respondents. The applicants asked this Honourable Court to, among others: Condemn the respondents or either of whom to pay the applicants the damages so liquidated. With costs

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

Notify Respondent: Brincat Spiro, 39, Triq Fra Diego, Marsa

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 1st February, 2024, in the records of Sworn Application number 778/2023HM, which was filed on the 20th July 2023, in the names: Radmilli Alessandra sive Sandra et vs Vella Anthony, 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: Order the respondent Anthony Vella so that within a short and peremptory period as determined by this Honourable Court, he vacates the portion of land of the area of circa 2,165.57 square metres, property of the applicants. With costs and legal interest against the respondent who is summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is postponed to 11th June, 2024, at 9.10 a.m.

Notify Respondent: Vella Anthony, Gretna Green, Flat 4, Triq l-Imsell, Mellieħa

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

For the Registrar, Civil Courts and Tribunals