Court Notices published in Government Gazette No. 21,240 of 10th May 2024

DKR 101/2009 – CANCELLATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 17th April, 2024, given by the Criminal Court (Hon. Justice Dr Edwina Grima, LLD) after an application filed by Victor Anokwu on the 2nd April, 2024, and following the execution of judgement given by the same Court on the 2nd March, 2011, Bill of Indictment number 44/2010, in the case in the names:

The Republic of Malta

 versus

VICTOR ANOKWU, 48 years, son of Anokwu and Rose, born in Nigeria on the 26th June, 1975, residing at Bonfar Building, Flat 3, Triq Batu, Ħaż-Żebbuġ, Malta, and holder of Maltese Identity Card number 37438A.

THE COURT ORDERED THE CANCELLATION of the freezing order of all the assets of the said Victor Anokwu, which order was given by a decree dated 21st April, 2009, by the Court of Magistrates (Malta) as a Court of Criminal Inquiry which was duly published in the Government Gazette of the 28th April, 2009.

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

By means of a decree of the 11th March, 2024, of the Civil Court (Family Section), in the records of the Sworn Application in the names Alexander Polidano vs Kristina Polidano, Application number 469/2023JPG, the following publication was ordered for the purpose of effecting service on the respondent Kristina Polidano 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 469/2023JPG in the names Alexander Polidano (ID 0207371M) vs Kristina Polidano (ID 165579M), filed in the Civil Court (Family Section), on the 31st August, 2023, the applicant Alexander Polidano (ID 0207371M) requested this Honourable Court to:

1. Pronounce the dissolution of the existing marriage between the parties in terms of Article 66B of Cap. 16 of the Laws of Malta;

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

The application in the names Alexander Polidano vs Kristina Polidano, Application number 469/2023JPG has been postponed for hearing to the 16th May, 2024, at 11.30 a.m. 

Applicant: 54, Triq ix-Xagħra ta’ Barra, Mellieħa

Notification Respondent: Kristina Polidano, 70, Summer, Triq Santa Monika, Tal-Pietà

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 12th January, 2024, in the records of Sworn Application number 1269/2023AJD, which was filed on the 6th November, 2023, in the names: Bohme Mats vs Bonavia Annie, 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 respondent to pay the plaintiff that sum which shall be so liquidated. With all costs and interest 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 30th May, 2024, at 9.40 a.m.

Notify Respondent: Bonavia Annie. 78, St. Aloysius Square, Birkirkara

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 4th January, 2024, in the records of Sworn Application number 448/2023GMG, which was filed on the 27th April, 2023, in the names: Azzopardi Brian Joseph vs Charter Properties Limited, 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 respondent company to pay the damages so liquidated to the applicant. With all costs and legal interest against the respondent company 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 24th September, 2024, at 12.30 p.m.

Notify Respondent: Charter Properties Limited, 1, Lara buildings, Office 3, Triq Ġużeppi Calleja, Iklin

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

For the Registrar, Civil Courts and Tribunals

ARB/C028/2024 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 28th February, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Elaine Rizzo LLD). Compilation Number 334/2023, in the case:

The Police 

(Inspector Marshal Mallia)

(Inspector John Leigh Howard)

Versus

DAVEFORD FALZON, sprayer, 23 years, son of David Falzon and Charmaine Grech née Grech, born in Tal-Pietà, Malta on the 17th July, 2000, and residing at 510, Triq Santa Klara, Ħaż-Żabbar, and holder of Maltese identity card bearing number 259200L. 

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 DAVEFORD FALZON 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.

The Court AUTHORISED the said accused to receive the amount established by the Minister by order in the Government Gazette of Malta No. 21,191 through Legal Notice 31 of 2024 – Establishment of Maximum Amount which may be Released to Persons who are Subject to Attachment Orders or to Seizing and Freezing Orders under the Proceeds of Crime Act Order, 2024, of twenty-one thousand, nine hundred and forty-five euro (€21,945) annually as the maximum amount, after the accused indicates by means of an application the source of the funds which are to be perceived and from which account he is perceiving the moneys indicated.

Any person who acts in contravention of the court order mentioned in Article 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand, 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

ARB/C029/2024 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 6th May, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Abigail Critien, LLD). Compilation Number 386/2024, in the case:

The Police 

(Inspector John Leigh Howard)

Versus

ELPINIKI VAGENA, unemployed, 27 years, daughter of Eleftherios and Ekatherina, born in Greece on the 19th January, 1997, and without a fixed address in Malta and holder of Greek identity card bearing number AP 738951. 

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 ELPINIKI VAGENA 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.

The Court AUTHORISED the said accused to receive the amount of thirteen thousand, nine hundred and seventy-six euro (€13,976.00) per year, after the accused indicates with a note from where he is perceiving this money.

Any person who acts in contravention of the court order 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, 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 decree given by the Civil Court, First Hall on 23rd April 2024 following Seizure Warrant number 747/22 of Zammit Leasing and Investments Limited gia J. Zammit Limited with the registration number C37945, Wednesday, 5th June, 2024, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction to be held at number fifty five (55) limits of Ta’ Għadmija, Mqabba, of the following vehicle described below seized from the property of Richard Corrigan (ID 160209A) u Philomena Bernardette Stubbs (ID 140767A):

Vehicle of the make Mini Cooper S Hatchback with the registration number ACH546.

N.B. The said vehicle will be sold as described in the acts of Judicial sale file number 8/24.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

By a Decree of the 7th May, 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 Article 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).

That by application and a Schedule of set-off filed contemporaneously by Sandra A.S. Limited with the registration number C92793 on the 26th April 2024 the approval of the said judicial acts is being demanded for the amount of €333,000.00 following judicial sale by auction 55/23 in the names Sandra A.S. Limited (C92793) vs Small Properties Limited with the registration number (C29977) held under the authority of the said Court on the 23rd April, 2024.

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 means of a decree given by the Civil Court, First Hall, Constitutional Jurisdiction, on the 29th November, 2023, in the records of the Constitutional Application number 292/2023ISB, which was filed on the 30th May, 2023, in the names: Mangion Rita et vs Schembri Joseph 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 State Advocate to pay the same compensation and liquidated damages in terms of Law. With costs and legal interest against the respondents who are summoned so that a reference to their evidence be made.

The Constitutional Application in the names mentioned above is postponed to 21st June, 2024, at 9.30 a.m.

Notify Respondents: Schembri Maria Lourdes and Schembri Joseph, 94, Joe Lourd, Triq il-Kbira, Qrendi

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

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 13th February, 2024, handed down by the Juvenile Court in the records of the application number 73/2023AC 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 seq 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. A 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 a decree of the Small Claims Tribunal of the 27th February 2024, the publication of the following extract was ordered for the purpose of service on Raymond Cini in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Vodafone Malta Limited (C 10865) today Epic Communications Limited (c 10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000, filed a Claim on the 18th September, 2023, whereby they asked the Tribunal to condemn R&A Smart Construction Ltd (C74390) of Ivy House, Triq ix-Xiber, Swieqi, and Raymond Cini (ID 0469283M) was called into suit as third party of 191, Triq l-Imdina, Ħal Qormi, to pay the plaintiff company the sum of €2537.13, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 332/2023MD) is deferred on the 30th May, 2024, at 1.00 p.m.

ALEXANDRA DEBATTISTA

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 5th May, 2024, and upon an application numbered 431/2024, ordered:

To the Director of the Public Registry to make the appropriate annotations or corrections in the Act of Birth number 3609/2016 and on the Act of Marriage number 2169/2016, so that Svetlana Svetlanovna Kuptsova’s place of birth is to be changed from ‘Yaroslavl, Russian Federation’ to ‘Yaroslavl Region, Yaroslavl City, RSFSR, USSR’.

It also orders that the same Director make the necessary corrections or annotations to change the name from ‘Svetlana Svetlanovna’ to ‘Svetlana’ (and therefore to remove the patronymic name) on the Act of Birth with number 3609/ 2016, as well as on the Act of Marriage number 2169/2016 (where the applicant appears as the wife) and on the Acts of Birth numbered 3612/2016 and 3610/2016 (where the applicant appears as the mother).

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 5th May, 2024, and upon an application numbered 429/2024, ordered:

To the Director of the Public Registry to make the appropriate annotations or corrections in the Act of Birth number 3611/2016 and on the Act of Marriage number 2169/2016, so that Dmitry Sergeevich Kuptsov’s place of birth is to be changed from ‘Yaroslavl, Russian Federation’ to ‘Yaroslavl Region, Yaroslavl City, RSFSR, USSR’.

It also orders that the same Director make the necessary corrections or annotations to change his name from ‘Dmitry Sergeevich’ to ‘Dmitry’ (and therefore to remove the patronymic name) on the Act of Birth with number 3611/ 2016, as well as on the Act of Marriage number 2169/2016 (where the applicant appears as the husband) and on the Acts of Birth numbered 3612/2016 and 3610/2016 (where the applicant appears as the father).

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 5th May, 2024, and upon an application numbered 430/2024, ordered:

To the Director of the Public Registry to make the appropriate annotations or corrections in the Act of Birth number 3612/2016 to change the name of Artyom Dmitryevich Kupstov from ‘Artyom Dmitryevich’ to ‘Artyom’ (and to remove the name patronymic).

Court of Revision of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree given by the Civil Court, First Hall, on the 20th March, 2024, in the records of Sworn Application number1306/2023JVC, which was filed on the 15th November, 2023, in the names: Muscat Patrick et vs Chircop Ivan 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 to pay the plaintiffs that sum which shall be so liquidated. With costs and legal 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 21st May, 2024, at 9.10 a.m.

Notify the Respondents: Chircop Ivan, 7, Triq Luigi Billion, Pembroke

Woods Ivan: 8, Triq Luigi Billion, Pemboke

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 April, 2024, in the records of Sworn Application number 683/2023DC, which was filed on the 28th June, 2023, in the names: Sammut Joseph Mario Dr Advocate vs Sammut Michael Angelo 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 applicant asked this Honourable Court to, among others: Appoint a notary and curators for the eventual defaulters of the respondents so that the relative acts be adjudicated. With costs against the respondents who are from now summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 18th June, 2024, at 9.00 a.m.

Notify Respondents: Sammut Catherine, 72, Epifanija, Triq il-Lewż, Gudja

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 28th March, 2024, Application number166/2024HM KK, in the records of the Schedules of Deposit numbers1300/11, 424/16, 299/17, 353/17, 72/17, 82/17, and 1233/17, which was filed on the 21st December, 2023, in the names: Commissioner for Revenue and Customs vs X, the following publication was ordered, in terms of Article 416 (1) et sequitur of Cap. 12. The applicant asked this Honourable Court to, among others: Order the opening of the Competition of Creditors, in terms of Article 416 of the Code of Organisation and Civil Procedure (Cap. 12), on the deposit made by means of the schedules of deposit above mentioned. Thus, whoever may have an interest should bring forward his rights within one month from the date of publication.

The Sitting in the names mentioned above is postponed to 28th June, 2024, at 12.30 p.m.

Notify: Steel Structures Company Limited (C4192), Dock Street, Paola

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

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by means of a decree given in open court in the sitting of the 1st of March, 2024, by the Rent Regulation Board (Gozo), in the acts of application number 10/2023 in names ‘Sharon Farrugia vs Victoria Agius’ filed in the Registry of the said Board on 9th of May, 2023, the publication of the extract reproduced below was ordered and this in order to serve as notification with regard the respondent Victoria Agius of 18, Triq San Ġużepp, Xagħra, Gozo, and this is in terms of article 187(3) of Cap. 12 of the Laws of Malta.

Rent Regulating Board, for the Islands of Gozo and Comino

Application number 10/2023 (SG)

Sharon Farrugia, Sydney House, Triq Viani, Victoria, Gozo

vs

Victoria Agius, 18, Triq San Ġużepp, Xagħra, Gozo

Application by the said Sharon Farrugia of Sydney House, Triq Viani, Victoria, Gozo, holder of identity card number 359394M

Respectfully states:

1. That she is the owner of the premises numbered eighteen (18), Triq San Ġużepp Xagħra, Gozo;

2. That this premises is subject to rent from prior to year 1995 and is rented to Victoria Agius for the rent of one hundred and ninety-seven euros and fifty eight cents (€197.58) per annum payable in the first (1st) of January of each year;

3. That this premises has a commercial value of three hundred thousand euros (€300,000) and this according to the herewith attached valuation marked document A;

4. That therefore the rent being paid does not reflect the real value of the property;

5. That in terms of article 4A of Cap. 69 of the Laws of Malta, the applicant has the right to request that the rent be reviewed for an amount that does not exceed two percent (2%) of the free and true market value of the residential house as on 1st January, 2021;

6. That at the initial stage of the proceedings this Honourable Board shall carry out the means test of the tenant Agius which in the Regulations on the continuation of the Lease (Means Test Criteria and any regulations that may from time to time replace them;

7. That if the tenant Agius does not meet the income and capital criteria of the means test this Honourable Board has to give its decision allowing the tenant a period of two years to vacate the premises, in exchange for rent higher than the present one.

Thus respondent should state why, for the reasons stated above, this Honourable Board should not, after having taken all those measures that it feels opportune, including the appointment of civil architect, establishes:

1. Orders that the means test with regard to the tenant Agius be carried out in accordance with the Regulations on the continuation of the Lease (Means Test Criteria) and any regulations that may from time to time substitute them;

2. Declares and decides that in terms of Cap. 69 the rent should be revised to an amount that does not exceed two percent (2%) per annum of the free and fair value in the open market of the property number eighteen (18), Triq San Ġużepp, Xagħra, Gozo from the 1st of January 2021 and establish new conditions in relation to the rent and in the absence if the respondent does not meet the income and capital criteria of the means test, the claimant is allowed to regain possession of the premises within a period of not more than two years, during which she will have the right to request a higher rent than the present one.

With the costs against the respondent and with the summoning of the said respondent for her oath to which it is now subpoenaed.

Advocate Joseph Grech, LLD

The application is deferred for hearing to the 10th of May, 2024, at 11.10 a.m. in the building of the Gozo Courts, Misraħ il-Katidral, Victoria, Gozo

MARGARET DE BATTISTA

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals