Court Notices published in Government Gazette No. 21,317 of 20th September 2024

ARB/C072/2024 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 11th September, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD). Compilation Number 455/2024, in the case:

The Republic of Malta

Versus

EMMANUEL SAID, employee, 45 years, son of Francis Said and Theresa Said née Abela, born in Ħ’Attard, Malta, on the 23rd April, 1979, and residing at 25, Triq il-Kastellan, Żejtun, and holder of Maltese identity card bearing number 266479M.

The Court ORDERED the attachment of any property in the hands of third parties for which there is reasonable cause to believe that the property is subject to confiscation, and is restraining and prohibiting the accused EMMANUEL SAID from transferring, pledging, hypothecating, or otherwise changing or disposing of any such property and of such other property owned by him or being in his possession up to the limit of one hundred and ninety two thousand, seven hundred and ninety two euro and nineteen cents (€192,792.19) and this in terms of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta, Article 36 (1) and Article 36 (4)(a) 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 23A, Article 36 (1) and Article 36 (4)(a) referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve (12) months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law. 

MR ANTON SEVASTA

Director, Asset Recovery Bureau

By a decree of the Small Claims Tribunal of the 23rd April, 2024, the publication of the following extract was ordered for the purpose of service on Keith Curmi in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Vodafone Malta Limited (C 10865) today Epic Communications Limited (C10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa, LQA 4000 filed a Claim on the 20th March, 2024, whereby they asked the Tribunal to condemn Keith Curmi (ID 0524590M) of Verdi Court, Blk K, Flat 6, Triq il-Parata, Santa Venera, to pay the plaintiff company the sum of €5000, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 85/2024CC) is deferred on the 9th October, 2024, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals.

By a decree of the Small Claims Tribunal of the 24th November, 2023, the publication of the following extract was ordered for the purpose of service on Domenico Tersigni in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Clayton Formosa (ID 0515895M) carrying on trade with the name Odin Professional Services of Candle Light, Triq it-Tin, Bubaqra, Żurrieq, filed a Claim on the 17th October, 2023, whereby he asked the Tribunal to condemn Domenico Tersigni (passport number YB0916570) of 8, Lawrence Mast, Apt 2, Triq il-Greċja, Naxxar, to pay the plaintiff noe the sum of €4,360.50 which amount is due to the plaintiff noe.

With costs and interests

The case (Claim number 378/2023DBM) is deferred on the 3rd October, 2024, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 6th September, 2024, handed down by the Juvenile Court in the records of the application number 103/2023AC in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Claudette Gatt et, the following publication was ordered for the purpose of effecting service on the respondent Claudette Gatt in terms of Article 187(3) et sequitur of Cap. 12.

By means of a note in the records of Application number 103/2023AC in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Claudette Gatt (ID 0407678M) et filed in the Juvenile Court, on the 2nd August, 2024, the applicant Directorate for Child Protection filed a social report listing any developments regarding the minor … omissis … here attached and marked as Doc. SSG.

By means of a decree of the 6th August, 2024, the Court ordered that the respondents be notified and to file their reply until the next sitting.

The case (Application number 103/2023AC) in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Claudette Gatt et is postponed to the 22nd November, 2024, at 11.45 a.m.

Applicant: Directorate for Child Protection, 220, Triq il-Kanun, Santa Venera

Notification: Claudette Gatt, 158, Ent. 15, Flat 5, Triq il-Wied tal-Imsida, Msida

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 11th July 2024, in the records of Sworn Application number 444/2024AJD, which was filed on the 26th April, 2024, in the names: Bezzina Maritime Services Limited vs Zaffarese Robert the following publication was ordered, in terms of Article 187 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 company the sum of fifty eight thousand euro (€58,000). With all costs and legal interest against the respondent company which is summoned so that a reference to its evidence be made.

The Sworn Application in the names mentioned above is adjourned for hearing on the 24th October, 2024, at 10.25 a.m.

Notify Respondent: Zaffarese Robert, 61, Josephine Court, Flat 5, Triq il-Bajja, Marsaskala

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

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal (Superior Jurisdiction) on 5th June, 2024, Application number 325/19 in the names Oliver Mallia (ID 191478M) and his wife Josianne Mallia (ID 329580M) vs Lucienne Blanche Georgina Edwins (ID 61603L), the following publication was ordered for the purpose of effecting service on Lucienne Blanche Georgina Edwins in terms of section 187(3) et sequitur of Cap. 12.

Whereas by Appeal Application number 325/19 filed on the 11th April, 2024, the appellants Oliver Mallia and his wife Josianne Mallia felt aggrieved by the judgment dated 13th March, 2024, by the First Hall of the Civil Court in so far as: 

1. With reference to the order under appeal given on the 21st of June, 2021, the Court of First Instance erred in upholding the claim when it upheld the request for the expunging of the document merits of that decree; 

2. The message that the defendant sent to the plaintiff informing her that she is giving the applicant the right of first refusal has no legal effect binding the defendant; 

3. The Court of First Instance erred in dismissing the exponents’ second plea to the counter-claim made by the defendant; 

4. The Court also erred when it stated that the contents of the note of enrolment enrolled by the exponents are defective, null and void; 

5. It also erred in declaring that the appellants are responsible for damages towards the defendant; and 

6. Without prejudice, the First Court also erred in its liquidation of damages.

Therefore, the appellants request that regarding the decree of the 21st June, 2021, it cancels, revokes and annuls it; regarding the judgment of the 13th March, 2024, it cancels it, revokes it and annuls it by dismissing the pleas raised by the defendant and regarding the counter-claim the Court abstains from taking further consideration of it and upholds the exponents fourth and fifth grounds of appeal and in the alternative annul the award of damages and carry out a liquidation exercise reflecting the actual damages which is more equitable and fairer, with the costs of both instances against the defendant.

Notification: Lucienne Blanche Georgina Edwins, 39, ‘Yasmine’, Triq Aristarkus, St Paul’s Bay

DR FRANCO BONDIN, LLD, M. JUR.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 9th July, 2024, in the records of the Application number 572/20 in the names Giovanni Briffa (ID 12369M) vs David Lauri (ID 164777M), the following publication was ordered for the purpose of effecting service on David Lauri in terms of section 187(3) et sequitur of Cap. 12.

Whereas in virtue of Appeal Application number 572/20 filed on the 27th May, 2024, the appellant Giovanni Briffa felt aggrieved by the judgment dated 25th April, 2024, delivered by the First Hall Civil Court in that:

 1. The Honourable Court of First Instance could never have considered that because the respondent had successfully contested the execution of the bill of exchange it thus considered that the respondent was not the appellant’s debtor; and 

2. There was no reason why the costs had to be divided by two thirds payable by the plaintiff and one third by the respondent.

Therefore, the appellant requests that whilst the Honourable Court of Appeal confirms that part of the judgment whereby it abstained from taking further cognisance of the second and fifth pleas of the defendant and where it dismissed the eighth plea, it varies it as to the remainder and instead decides by rejecting all the defendant’s pleas whilst upholding all of the plaintiff’s claims, with the costs of both instances to be borne by the respondent defendant.

Notification: David Lauri, 6, Villa Trieste, Fuq il-Ġonna, Swieqi

DR FRANCO BONDIN, LLD, M. JUR.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 9th July, 2024, in the records of the Application number 1010/21 in the names Mary Ann sive Marianna Massa and her husband Pasquale Fernando sive Leo Massa holding identity card numbers 616849M and 0064218L respectively vs Brian Azzopardi (ID 338273M) the following publication was ordered for the purpose of effecting service on Brian Azzopardi in terms of section 187(3) et sequitur of Cap. 12.

Whereas in virtue of Appeal Application number 1010/21 filed on the 10th May, 2024, the appellant Mary Ann sive Marianna Massa and her husband Pasquale Fernando felt aggrieved by the judgment of the 12th April, 2024, of the First Hall Civil Court as that court was mistaken when it relied in toto on the report of Technical Referee David Pace and ordered that the appellants are to pay the respondent the sum of €40,000 representing the equivalence for his share of the immovable in the portion assigned to them.

Therefore, the appellants are asking this Honourable Court of Appeal to reform the judgment delivered by the First Hall Civil Court on the 12th April, 2024, and this by confirming it in so far as it divided the property merits of the cause and condemning the respondent to pay the judicial expenses and cancel it in so far as it ordered the appellants to pay the sum of (recte €40,000) in equivalence and instead order that there is no equivalence due.

With costs of both instances against the respondent Brian Azzopardi.

Notification: Brian Azzopardi, Chateau de Reve, Triq San Pawl Kuntent, Rabat, Malta

DR FRANCO BONDIN, LLD, M. JUR.

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Court of Appeal, Superior Jurisdiction, on the 9th July 2024, in the records of the Application Number 1182/19 in the names Grazio known as Mario Debono (ID 430762M) and his wife Josanne Debono (ID 297964M) and Kyle Debono (ID  2683891M) vs Emvin Cassar (ID 404268M) and his wife Ersilia known as Elsie Cassar (ID 486568M) and Rudolph Cassar (ID 16673M) and his wife Karen Cassar Ruggier (ID 166975M) the following publication was ordered for the purpose of service of Grazio known as Mario Debono and his wife Josanne Debono and Kyle Debono in terms of section 187(3) et sequitur of Cap. 12.

In virtue of Appeal Application number 1182/19 filed on the 11th April, 2023, the appellants Emvin Cassar and his wife Ersilia known as Elsie Cassar and Rudolph Cassar and his wife Karen Cassar Ruggier felt aggrieved by the judgment of the 14th March, 2023, of the First Hall Civil Court since that court was completely mistaken regarding the principles of law applicable to the merits of the case in question, and namely there was a wrong application of the law as regards section 836 of Cap. 12; of section 832 of Cap. 12; and an error of law as to the elements required for issuing a warrant.

Therefore, the appellants respectfully request this Honourable Court to revoke and annul the judgment delivered by the First Hall Civil Court on the 14th March, 2023, in the cause in the names premised, by upholding all the pleas of the appellants, dismissing the plaintiffs’ claims with costs of both instances against the plaintiffs, and this under all further provisions that this Honourable Court of Appeal deems opportune.

Notification: Grazio known as Mario Debono et, Southridge, Blk E, Flt 32, Triq id-Deru, Mellieħa

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 30th July, 2024, in the records of the Application number 583/20 in the names In-Sight Investments Limited (C42371) vs Budget Services Limited (C12855), the following publication was ordered for the purpose of effecting service on In-Sight Investments Limited in terms of section 187(3) et sequitur of Cap. 12.

Whereas in Appeal Application number 583/20 filed on the 14th February, 2024, the appellant Budget Services Limited felt aggrieved by the judgment of the First Hall Civil Court decided on the 18th January, 2024, since it failed to make a proper evaluation of all the evidence and facts exposed during the judicial process of the cause merits of this appeal; and this as shown in the inconsistencies of the same Court, when compared to the precepts of the law and our jurisprudence: 

1. The Court did not consider the fact that nowhere was it agreed that any external space/terrace was being transferred and nowhere is it stated that any part of the airspace of the complex de quo is being transferred; 

2. The alleged title of the respondent, also indicated as ‘best title’ by the First Hall Civil Court, is not factually correct;

3. That without prejudice, the Court of First Instance still did not consider the fact that at the time when the acquisition was made between the Bank of Valletta plc (C2833) and the defendant company In-Sight Investments Limited (C42371), this staircase already existed and positioned in the present state; 

4. The contract was clear and complete with a particular clause vis-à-vis existing servitudes; 

5. Thus the first court also failed to consider the fact that the sale between the Bank of Valletta plc and the appellant company became subject to the existing servitudes or rather this staircase which had been built.

Therefore, the appellant Budget Services Limited (C12855) is respectfully asking this Honourable Court of Appeal to cancel and revoke the decision of the First Hall of the Civil Court dated the 18th January, 2024, in the names premised, and subsequently to uphold this appeal, with costs of both instances against the respondent company.

Notification: In-Sight Investments Limited (C42371), 47, Triq George Borg Olivier, St Julian’s, Malta

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 13th August, 2024, in the records of the Application number 402/2021 in the names the Planning Authority vs Mark Gaffarena and Antoine Azzopardi, the following publication was ordered for the purpose of effecting service on Antoine Azzopardi in terms of section 187(3) et sequitur of Cap. 12.

In virtue of Appeal Application number 402/2021 filed on the 24th June, 2024, the appellant Mark Gaffarena felt aggrieved by the judgment dated 23rd May, 2024, in the names premised in so far as:

 1. There was a failure of the Court of First Instance to take cognizance of the fact of the fixing of the position by the Legal Notice de quo and the retro-applicability of the penalty; 

2. The Court of First Instance also made a wrong application of the law especially when it sanctioned the Authority’s action in the imposition of the fine when the same Authority failed to respect the dictates of regulation 3(1) of Legal Notice 276/2012; 

3. the Court also ignored the appellant’s submissions regarding the Planning Authority’s competence to inflict a penalty;

Therefore, the appellant respectfully requests that this Honourable Court revokes, cancels and annuls the judgment delivered on the 23rd May, 2024, by the Court of First Instance in the cause in the names above premised whilst upholding the demands of the appellant applicant as submitted in his application, dismissing all the pleas brought forward by the respondent Authority, with costs of both instances against the respondent Authority.

Notification: Antoine Azzopardi, John Mary House, Triq Belt il-Ġmiel, Mtarfa

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 6th August, 2024, in the records of the Application number 482/18 in the names SGB France S.A. (a Company registered in France in Lille Metropole Trade and Companies Register under number 422 518 746 R.C.S) represented by Adv. Marlon Borg (ID 304189M) as special mandatary vs John Formosa (ID 0707555M) and Monique Formosa (ID 0222362M), the following publication was ordered for the purpose of effecting service on John Formosa in terms of section 187(3) et sequitur of Cap. 12.

Whereas in Appeal Application number 482/18 filed on the 30th November, 2023, the company SGB Finance S.A. represented by Adv. Marlon Borg (ID 304189M) felt aggrieved by the sentence of the First Hall Civil Court decided on the 31st October, 2023, whereby it dismissed the second claim for a declaration that the respondents violated their contractual obligation when they failed to return the vessel de quo, the third claim for a declaration that the respondents are solely responsible for the damages suffered by the appellant company, the fifth claim for the liquidation of damages according to clause number 19 of the Agreement, and the sixth claim for the condemnation of the payment of damages so liquidated since:

1. the First Court’s decision violates the principles of natural justice; 

2. The First Court made a wrong evaluation of the evidence; and 

3. Such a decision of the first court is unfair and inequitable.

Therefore, the appellant company requests this Honourable Court, whilst upholding this appeal and the grounds indicated, to cancel and revoke the judgment of the Court of First Instance dated 31st October, 2023, in particular that part of the judgment whereby the Court of First Instance dismissed the demands of the appellant company, saving those measures and other declarations that this Honourable Court deems fit and opportune in the circumstances.

Notification: John Formosa, 102, Triq il-Kbira, St Julian’s

DR FRANCO BONDIN, LLD, M. JUR.

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Executive Officer of the Court of Magistrates (Gozo)

It is hereby notified that by a decree issued on the 30th of August, 2024, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below in terms of article 931(3) of the Code of Organisation and Civil Procedure.

By a decree issued on the 30th of August, 2024, it was ordered that a deputy curator be chosen according to the law to represent the unknown heirs of the late Teodora Debrincat in the records of the schedule of deposit and contextual redemption of ground rent bearing number 190/2024 in names ‘Catarina Rose Attard et vs Deputy Curators to appear for the unknown heirs of the deceased Teodora Debrincat’, filed on the 23rd of July, 2024, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section and in all other relative and subsequent acts.

The immovable object of this schedule of deposit is:

Land denominated Tal-Kewbi, within the limits of Xewkija, Gozo, measuring approximately nine hundred and thirty-seven square meters (937m2) and on which today there is built part of the property number forty-one (41), bounded from the west with a property of the same applicants, north-east with Triq l-Imgarr, east with the successors in title of Zammit Haber and south with a new street that leads to Triq l-Indipendenza, other times known as Triq l-Indipendenza, as shown on a plan attached to the said schedule of deposit.

The said property is subject to the equivalent today of two euros and fifty-three cents (€2.53c) annual and perpetual ground rent, which the applicants wish to redeem in terms of article 1501 of the Civil Code, and therefore they are depositing the amount of fifty euros and sixty cents (€50.60c) which represents the annual ground rent rate capitalized at 5%, together with twelve euros and sixty-five cents (€12.65c) being five years’ arrears of ground rent, and which global sum may be withdrawn by the respondents after they tender relative receipt according to law.

You, executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of this notice at the entrance of this Court and thereby summon anyone who wants to be nominated as a curator to appear within a period of six (6) days in this Registry and file a note declaring that he so wishes.

You are also ordered to inform each and every one that if they do not file this declaration within the time given above, this Court will proceed to choose a curator of the office. And after you have done this, or if you encounter any obstacle in the execution of this order, you should inform this Court.

Issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, mentioned above, with the testimony of Magistrate Dr Simone Grech, BA, LLD, Mag. Jur. (Eur. Law), a Magistrate of the aforementioned Court.

MARGARET DE BATTISTA

Assistant Registrar, for the Registrar, Courts and Tribunals (Gozo)

By decree given by the Civil Court, First Hall, on 16th September, 2024, following the Warrant of Seizure number 1099/24 of Dr John Refalo noe, Wednesday, 30th October, 2024, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction to be held at Medavia – Mediterranean Aviation Company Limited, Safi Aviation Park, Triq Carmelo Caruana, Ħal Safi, of the following aircraft bombardier seized from the property of Congo Airways S.A. (A1419848Q) and by decree of the 26th August, 2024, were nominated Dr Alexia Attard and Gerald Bonello LP as deputy curators for the said absent.

Aircraft Bombardier DHC8-402 registered in Congo (National Agency of the Civil Aviation of Congo) with the serial number 4329 and with the registration number 9S-AAN.

N.B. The said aircraft bombardier will be sold as described in the judicial sale by auction number 16/24.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals 

By means of a decree given by the Civil Court, First Hall, on the 14th February, 2024, in the records of Sworn Application number 1058/2023GG, which was filed on the 15th September, 2023, in the names: Commissioner for Revenue and Customs vs Gunnar Essunger Erik, 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: Order that a copy of this application together with the documents hereby attached be notified to the respondent according to the relevant provisions of Cap. 12 of the Laws of Malta and order the registration of the document hereby attached as an official copy thereof, so that such document constitutes an executive title.

The Sworn Application in the names mentioned above is adjourned for hearing on the 3rd October, 2024, at 9.15 a.m.

Notify Respondent: Gunnar Essunger Erik. Spinola Court, Flat 7, Il-Qasam ta’ San Ġorġ, San Ġiljan.

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

For the Registrar, Civil Courts and Tribunals