Court Notices published in Government Gazette No. 21,381 of 24th January 2025
Notice 179
179By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 10th September, 2024, Application number 925/2021/1, by Carmelo Cachia, whereby following the application, Joseph Galea holding identity card number 604262M, was reconfirmed by means of a decree given on the 2nd December, 2024, under all the conditions therein mentioned.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 180
180Notice, Registry of the Civil Court, First Hall
Whereas Anatoly Sergeevich Knyazev (ID 317619L) filed an application (number 15/2025JVC) demanding the correction of the Act of Birth number 3176/19 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
CORA CATANIA
For Registrar, Civil Courts and Tribunals
Notice 181
181ARB/C008/2025 –SEIZING AND FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 18th January, 2025, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Nadia H. Vella, LLD). Compilation Number 47/2025, in the case:
The Republic of Malta
Versus
ERIK HORVATH, postman, 42 years, son of Orvan Horvath and Terezia Horvath, born in Körmend, Hungary, on the 30th March, 1982, and residing at 25, Upperton Road, Leicester, United Kingdom, and holder of a Hungarian identity card bearing number 6508651A and/or 435599DE.
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 ERIK HORVATH 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 fifteen thousand, three hundred and fifty-six euro and twenty-five cents (€15,356.25), and this in terms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, 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 5, 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
Notice 182
182ARB/C034/2024 – VARIATION OF A SEIZING AND FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 20th January, 2025, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD). Compilation Number 161/2024, in the case:
The Republic of Malta
Versus
ROGER AGIUS, public officer, 46 years, son of the late Paul Agius and Maria Melita Agius née Zarb, born in St Julian’s, Malta, on the 26th July, 1978, and residing at 4, ‘Carmen’, Triq San Vinċenz, Birżebbuġa, and/or ‘Maria Dolores’, Triq il-Karmnu, Ħal Luqa, and holder of Maltese identity card bearing number 396578M.
EMANUEL SPAGNOL;
DUSTIN CARUANA;
LUKE SALIBA;
AND
SILVIO (SILVIO JOHN) GRIXTI;
The Court AUTHORISED the accused ROGER AGIUS to receive his monthly salary in the bank account registered in his name ending in -0669 and held at the Bank of Valletta plc, from which account the accused may perceive his salary up to 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, with effect from the 28th January, 2025 onwards.
This variation is being published in terms of Article 36 (5) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD) on the 5th April, 2024, which was published in the Government Gazette on the 31st May, 2024, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to ROGER AGIUS, Emanuel Spagnol, Dustin Caruana, Luke Saliba, and Silvio (Silvio John) Grixti.
MR ANTON SEVASTA
Director, Asset Recovery Bureau
Notice 183
183ARB/C017/2023 – VARIATION OF SEIZING AND FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 20th January, 2025, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Rachel Montebello, LLD). Compilation Number 247/2023, in the case:
The Republic of Malta
Versus
SHERZOD RABBIMOV, director, 41 years, son of the late Narzulla Rabbimov and Dilbar Rabbimova née Muminova, born in Uzbekistan on the 11th July, 1983, and residing at 63, Queen’s Peak, Flat 12, Triq il-Port Ruman, St Paul’s Bay, and holder of Maltese identification document bearing number 462512L and expired Maltese identification document bearing number 34110A.
AND
MATNAZAR MAMUROV;
The Court ORDERED that the variation of seizing and freezing order issued in accordance with the decree dated 5th November, 2024, in respect to the accused SHERZOD RABBIMOV shall no longer be limited to the mentioned assets, but shall instead be limited exclusively to the following immovable property:
Flat 7, Block D, Binja Kordin, Pjazza Sant’ Antnin, Paola, with a minimum value of €190,000;
as the assets that shall be subject to confiscation in the case of a conviction. That the other property of the accused shall not be considered as being subject to the seizing and freezing order.
This variation is being published in terms of Article 36 (4)(a) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD) on the 2nd May, 2023, which was published in the Government Gazette on the 12th May, 2023, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to SHERZOD RABBIMOV and Matnazar Mamurov.
MR ANTON SEVASTA
Director, Asset Recovery Bureau
Notice 184
184By means of a decree given by the Civil Court, First Hall, on the 7th January, 2025, in the records of the Warrant of Prohibitory Injunction number 978/2024/1AJD, which was filed on the 11th June, 2024, in the names: Bugeja Carlos Doctor Advocate noe vs Rowan John Robert et, the following publication was ordered, in terms of Article 187 et sequitur of Cap.12, for the purpose of service of the respondents. The applicant asked this Honourable Court to, among others: This Honourable Court orders the issuing of the Warrant of Prohibitory Injunction against the respondents.
The Warrant of Prohibitory Injunction in the names mentioned above is adjourned for hearing on 7th February, 2025, at 9.10 a.m.
Notify Respondents: Rowan John Robert u Rowan Christine Margaret 143, Juniper Mews, Flat 4, Triq San Ġwann, Ħal Għargħur
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 185
185By means of a decree given by the Civil Court, First Hall, Constitutional Jurisdiction, on the 28th November, 2024, in the records of the Constitutional Application number 438/2024DC, which was filed on the 24th September, 2024, in the names: Galea Maria Pia k/a Marian et vs Mckeon Maria Victoria sive Vivienne et, the following publication was ordered, in terms of Article 187 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 same compensation and damages so liquidated. With costs 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 11th March, 2025, at 9.15 a.m.
Notify Respondent: Mckeon Maria Victoria sive Vivienne, 28, Triq Tal-Ġebel, Birżebbuġa
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 186
186By means of a decree given by the Civil Court, First Hall, on the 8th January, 2025, in the records of Sworn Application number 1275/2024AF, which was filed on the 22nd November, 2024, in the names: Michael Debono Limited vs Bhin K C Kamal, 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 defendant to pay the amount of twenty four thousand, five hundred and thirty euros and thirty two cents (€24,530.32c). With all costs and legal interest against the defendant 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 29th January, 2025, at 9.00 a.m.
Notify Respondent: Bhin K C Kamal, 31, Triq il-Ferrovija l-Qadima, Birkirkara
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 187
187Notice, Registry of the Civil Court (Family Section)
Whereas the plaintiff Nadim Mahram Abdul Gader (ID 167513L) filed an application under oath (number 216/24 AL) demanding corrections of the Act of Birth of Khairy Nadem Francesco Caruana, registration number 2796/2023 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court
RITA VELLA BALDACCHINO
For Registrar, Civil Courts and Tribunals
Notice 188
188By means of a decree of the 20th December, 2024, of the Civil Court, First Hall, in the records of judicial letter number 4468/2024, in the names Luke Piscopo vs Elizabeth Camilleri et, the following publication was ordered for the purpose of effecting service on the respondent Bernard Bondin in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Elizabeth Camilleri
Bernard Bondin of 28, Triq San Ġorġ, Cospicua
Citadel Insurance plc
By the present Luke Piscopo (KI 366186M) of Flat 5, Block 4, Triq il-Vitorjua, Senglea, Malta, with reference to the road accident which occurred on the 12th December, 2022, between the vehicle with registration number KRT 116 and the motor with registration number XEF 086 at Id-Daħla ta’ San Tumas, Żejtun, Malta, as well as with reference to claim holding number CAM/PCC/22/194143 which has already been brought to your notice through various electronic communications;
As you confirmed, the applicant had no fault in the accident which occurred between him and your insured and thus adequate compensation should be given according to the market value of the motorcycle in question;
That despite your own admission as explained above you stopped all kinds of communication with the interpellant and did not come forward for the liquidation of the amount due by you;
That the interpellant is calling upon you so that within five (5) days from the service of this judicial letter you come forward for liquidation for the damages suffered by the interpellant;
That the same informs you that in case the time given to you passes uselessly he will have no alternative but to proceed further against you by all the means permitted by law.
So much so that you may know how to regulate yourselves and to avoid useless costs and procedures.
This letter is being made especially but not limitedly for the purposes of interrupting prescription and in terms of Cap. 12 and Cap. 16 of the Laws of Malta.
With costs and legal interest
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 189
189By means of a decree of the 15th October, 2024, in the records of the judicial letter number 2962/2024, in the names George Borg et vs Bartholomeo Bonett et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Bartholomeo Bonett and Nadia Bonett in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Bartholomeo Bonett (ID 444966M) of Il Girna, Triq Dun Karm, Birkirkara
Nadia Bonett (KI 401372M) ta’ Il-Girna, Triq Dun Karm, Birkirkara.
By means of this present, George Borg (ID 349953M), Josephine Ann sive Josianne Borg (ID 357956M), Nicholas Bonnici (ID 541864M), Jean Paul Bonnici (ID 195901L), Simon Muscat (ID 570662M), Advocate Doctor Reuben Farrugia (ID 248072M) and Legal Procurator Nicholette Aquilina solicit you so that within two days from the notification of this judicial letter you pay the amount of €2394.50 representing the amount due as professional fees and costs in connection with the law suit in the names George Borg et vs Bartholomeo Bonett et (Application number 610/15) which cause was decided on the 21st May, 2024, by the Honourable Court of Appeal (Superior) and this according to an official Bill of costs issued by the Registrar of Courts here attached and marked as Doc. A and according to the proportion calculated according to the attached document and marked as Doc. B.
In case you fail to pay the amount above mentioned within the time given further procedures will be filed against you without further notice.
This judicial letter is being sent for the purpose of Article 64 Cap. 12 of the Laws of Malta.
With costs and interest according to law
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 190
190By means of a decree of the 9th December, 2024, of the Rent Regulation Board, in the records of the Application in the names Doris Borg Muscat vs Oliver Ellul et, Application number 422/2024JG, the following publication was ordered for the purpose of effecting service on the respondent Oliver Ellul and Madeleine Ellul 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 Doris Borg Muscat (ID 92741M) vs Oliver Ellul (ID 732038M) and his wife Madeleine Ellul (ID913544M) and Housing Authority filed in the Rent Regulation Board, on the 18th October, 2024, the applicant Doris Borg Muscat (ID 92741M) requested this Honourable Board why it should not:
i. Declare and decide that the respondents Oliver and Madeleine spouses Ellul are the lessees of the premises number 423, Wilton, Triq D’Argens, Gżira, in terms of Article 2 of the Reletting of Urban Property Ordinance as amended by act XXIV of 2021;
ii. Order that 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 be carried out, which test shall be based on the income of lessees Oliver and Madeleine spouses Ellul between 1st January and 31st December, 2023, and on the capital of the same respondent on 31st December, 2023;
iii. Declare and decide that in terms of Act XXIV of 2021 the rent shall be revised to an amount not exceeding 2% per annum of the free and unencumbered market value opened on the 1st January, 2024, of the premises above mentioned with effect from the date of filing of this application and to establish new conditions regarding the lease in case the respondent meets the criteria of the means test;
iv. In case the respondents do not satisfy the criteria of income and capital of the means test order that the respondents are to vacate from the premises above mentioned within a short and peremptory period which shall be established by him but which shall not exceed the period of two years from today, besides being ordered to pay compensation to the applicant for the occupation of the premises during the said period which compensation shall be determined by him according to the case.
With all costs against the respondents who are from now summoned so that a reference to their oath be made and saving and without prejudice to the constitutional and conventional rights of the applicant and to any demand for damages and other demands or any other action.
Applicant: B138, The Grove Hilltop Gardens, Triq l-Inkwina, Naxxar NXR 2641
Respondents: Oliver u Madeleine Ellul, 423, Wilton, Triq D’Argens, Gżira
The application in the names Doris Borg Muscat vs Oliver Ellul et, Application number 422/2024JG, has been postponed for hearing to the 6th February, 2025, at 10.50 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 191
191By means of a decree of the 9th December 2024 of the Rent Regulation Board, in the records of the Application in the names Doris Borg Muscat vs Monica Olivari D’Emanuele, Application number 424/2024JG, the following publication was ordered for the purpose of effecting service on the respondent Monica Olivari D’Emanuele 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 Doris Borg Muscat (ID 92741M) vs Monica Olviari D’Emanuele (ID 39454M) and Housing Authority filed in the Rent Regulation Board, on the 18th October, 2024, the applicant Doris Borg Muscat (ID 92741M) requested this Honourable Board why it should not:
i. Declare and decide that the respondent Monica Olivari D' Emanuele is the lessee of apartment number 4, forming part of a block of apartments numbered 40 bearing the name Tonyage buildings in Triq San Vinċenz, Ħamrun, in terms of Article 2 of the Reletting of Urban Property Ordinance as amended by act XXIV of 2021;
ii. Order that 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 be carried out, which test shall be based on the income of lessee Monica Olivari D' Emanuele between 1st January and 31st December, 2023, and on the capital of the same respondent on 31st December, 2023;
iii. Declare and decide that in terms of Act XXIV of 2021 the rent shall be revised to an amount not exceeding 2% per annum of the free and unencumbered market value opened on the 1st January, 2024, of the apartment above mentioned with effect from the date of filing of this application and to establish new conditions regarding the lease in case the respondent meets the criteria of the means test;
iv. In case the respondent does not satisfy the criteria of income and capital of the means test order that the respondent is to vacate from the apartment above mentioned within a short and peremptory period which shall be established by him but which shall not exceed the period of two years from today, besides being ordered to pay compensation to the applicant for the occupation of the premises during the said period, which compensation shall be determined by him according to the case;
With all costs against the respondent who is from now summoned so that a reference to her oath be made and saving and without prejudice to the constitutional and conventional rights of the applicant and to any demand for damages and other demands or any other action.
Applicant: B138, The Grove Hilltop Gardens, Triq l-Inkwina, Naxxar NXR 2641
Respondent: Monica Olivari D’Emanuele, 40/4, Tonyage Buildings, Triq San Vinċenz, Ħamrun
The application in the names Doris Borg Muscat vs Monica Olivari D’Emanuele et, Application number 424/2024JG, has been postponed for hearing to the 6th February, 2025, at 10.45 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 192
192By means of a decree of the 6th December, 2024, of the Rent Regulation Board, in the records of the Application in the names Elaine Scicluna vs Anne Buhagiar, Application number 277/2024JG, the following publication was ordered for the purpose of effecting service on the respondent Anne Buhagiar 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 Elaine Scicluna (ID 557385M) vs Anne Buhagiar (ID 0539947M) filed in the Rent Regulation Board, on the 12th June, 2024, the applicant Elaine Scicluna (ID 557385M) requested this Honourable Board why it should not:
i. Declare and decide that the respondent is the lessee of the premises My Nest, No. 23, Flat 2, Triq il-Paroċċa, Santa Venera, Malta, and this in terms of Cap. 69 of the Laws of Malta which premises is the property of the applicant;
ii. Order and carry out the means test of the lessee which shall be based on the means test as established 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, which test shall be based on the lessee's income between 1st January and 31 December, 2023, and on the lessee's capital tenant on 31st December, 2023;
iii. In case he finds that the respondent does not satisfy the means test then orders that the lessee be allowed within two (2) years so that the premises in question be vacated whilst fixing the compensation payable to the plaintiff for the occupation of the premises during the said period;
iv. In case it finds that the respondent satisfies the means test then declares and decides that in terms of Act XXIV of the year 2021, the rent is to be revised to an amount which does not exceed two per cent (2%) per year of the free and open market value of the premises in question as it was on the 1st January, 2024.
With costs and the respondent is summoned so that a reference to her oath be made.
Applicant: 114, Triq il-Kanun, Santa Venera
Notification: My Nest, No. 23, Flat 2, Triq il-Paroċċa, Santa Venera
The application in the names Elaine Scicluna vs Anne Buhagiar, Application number 277/2024JG, has been postponed for hearing to the 5th February, 2025, at 10.10 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 193
193By means of a decree of the 11th October, 2024, of the Rent Regulation Board, in the records of the Application in the names Alexander Vella et vs Leone Zammit et, Application number 286/2024JG, the following publication was ordered for the purpose of effecting service on the respondents Leone and Mary Zammit 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 Alexander Vella (ID 896947M); Davina Bonello Ghio (ID 102272M), Mario Sciberras (ID 308854M); Monica Sciberras (ID 2212243M); Beverly Sciberras (ID 186503L); Cassandra Louise Sciberras (ID 465594M); David Sciberras (ID 465494M); Chantal Sciberras (ID 465694M) and Matthew Sciberras (ID 465794M) vs Leone and Mary Zammit and Housing Authority filed in the Rent Regulation Board, on the 18th June, 2024, the applicants Alexander Vella, Davina Bonello Ghio, Mario Sciberras, Monica Sciberras, Beverly Sciberras, Cassandra Louise Sciberras, David Sciberras, Chantal Sciberras and Matthew Sciberras requested this Honourable Board why it should not:
i. Declare and decide that the respondents Zammit are the lessees of the applicants in the premises or rather apartment with number 4, Sciberras Flats, Trejqa Fleur-de-Lys, Santa Venera, and qualify as lessees of a residential home on the basis of this definition, in terms of Article 2 of the Reletting of Urban Property Ordinance as amended by Act XXIV of the year 2021, and thus they are entitled to continue occupying the premises in terms of Article 2 of the Reletting of Urban Property Ordinance as amended by Act XXIV of the year 2021;
ii. Order that the means test of the respondents be carried out qua lessee as established in the Rules of the Continuation Tenancies (Means Testing Criteria);
iii. Declare and decide that in terms of Act XXIV of the year 2021, the rent shall be revised to an amount not exceeding two per cent (2%) per annum of the free and unencumbered open market value of the premises that is apartment number 4, Sciberras Flats, in Trejqa Fleur-de-Lys, Santa Venera, and in order to establish new conditions regarding the lease;
iv. Order in case the respondents do not satisfy the criteria of income and capital of the means test, the eviction of the same respondents from the premises in question, within a short and peremptory time established by this Board.
With costs and from now the respondents are summoned so that a reference to their oath be made and reserving and without prejudice to any other action which may eventually be filed.
Notification respondents: 4, Sciberras Flats, Trejqa Fleur-de-Lys, Santa Venera
The application in the names Alexander Vella et vs Leone Zammit et, Application number 286/2024JG, has been postponed for hearing to the 3rd February, 2025, at 12.10 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 194
194By means of a decree of the 9th December, 2024, of the Rent Regulation Board, in the records of the Application in the names Roderick Psaila et vs Emanuel Psaila, Application number 355/2024JG, the following publication was ordered for the purpose of effecting service on the respondent Emanuel Psaila 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 Roderick Psaila and Paul Psaila vs Emanuel Psaila filed in the Rent Regulation Board, on the 6th August, 2024, the applicants Rodrick Psaila (ID 407477M) and Paul Psaila requested this Honourable Board why it should not:
i. Declare and decide that the respondent is the lessee of the premises 60, Triq il-Bizzilla, Ħal Għaxaq, and this in terms of Cap. 69 of the Laws of Malta, which premises is the property of the applicants;
ii. Order and carry out the means test of the lessee which shall be 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, which test shall be based on the income of the lessee between 1st January and 31st December, 2023, and on the capital of the lessee on 31st December, 2023;
iii. In case he finds that the respondent does not satisfy the means test, then orders that the lessee be allowed two (2) years so that the premises in question be vacated whilst fixing the compensation payable to the applicant for the occupation of the premises during the said period;
iv. In case he finds that the respondent satisfy the means test then declares and decides that in terms of Act XXIV of the year 2021, the rent shall be revised to an amount not exceeding 2% per year of the free and open market value of the premises in question as it was on the 1st January, 2024;
v. In case he finds that the respondent satisfies the means test then declares and decides that in terms of Act XXIV of the year 2021, the rent is to be revised to an amount which does not exceed 2% per year of the free and open market value of the premises in question as it was on the 1st January, 2024.
With costs and the respondent is summoned so that a reference to his oath be made.
Applicants: 13, Carmel House, Triq Santa Tereża, Ħal Għaxaq
Respondent: 60, Triq il-Bizzilla, Ħal Għaxaq
The application in the names Roderick Psaila et vs Emanuel Psaila, Application number 355/2024JG, has been postponed for hearing to the 6th February, 2025, at 10.10 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 195
195By means of a decree of the 26th November, 2024, of the Civil Court (Family Section), in the records of the Warrant of Prohibitory Injunction restraining a person from taking a minor outside Malta in the names Roanna Pisani vs Wajdi Lazhar Ayad Ben Hamed, Warrant number 150/2024AL, the following publication was ordered for the purpose of effecting service on the respondent Wajdi Lazhar Ayad Ben Hamed 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 Roanna Pisani (ID 13081M) vs Wajdi Lazhar Ayad Ben Hamed (ID 412304L) in the acts the Warrant of Prohibitory Injunction restraining a person from taking a minor outside Malta, filed in the Civil Court (Family Section), on the 29th October, 2024, the applicant Roanna Pisani (ID 13081M) respectfully requests this Honourable Court so:
That the applicant has an interest that the minor, hereinafter indicated, be not taken outside Malta;
That the respondent is the person having the legal or actual custody of the said minor;
Wherefore, the applicant respectfully requests that this Court orders the issue of a warrant of prohibitory injunction against the respondent’s enjoining her not to take, or allow anybody to take, the said minor out of Malta;
Particulars of the minor: … omissis …
Applicant: Door C, Block 4, Flat 8, Triq Vjal in-Naspli, San Ġwann
Notification: Wajdi Lazhar Ayad Ben Hamed, 28, Sant’Anġlu, Tas-Sliema
Civil Court (Family Section), the Hon. Madame Justice Abigail Lofaro, LLD
The Court,
Saw the application,
Provisionally upholds the request for the period of thirty days from today up to thirty days from the date of notification of the respondent, on condition that if up until that date, the request for the issuance of this warrant would have been finally decided, this decree no longer remains applicable and if up until that date, the request would not have been finally decided, this Court will then give further directions.
The Court orders the notification of this decree to the counterparty who ought to reply within a week and appoints the application for hearing for the 26th November, 2024, at 10.30 a.m., which hearing was postponed to the 6th February, 2025, at 10.30a.m., subject to notifying the parties and the competent authorites.
The Court orders the respondent so that within two (2) days from the notification of this application and decree, deposit under the Authority of the Court any passport of the minor that he has in his possession.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 196
196By means of a decree of the 18th December, 2024, of the Rent Regulation Board, in the records of the Application in the names Mario Cutajar et vs Emanuel Grima et, Application number 442/2024CG, the following publication was ordered for the purpose of effecting service on the respondents Emanuel Grima and Patricia Grima 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 Mario Cutajar (ID 403572M), Emanuel Cutajar (ID 0053661M), Rita Brincat (ID 154159M) and Doris McKay (ID 616164M) vs Emanuel Grima (ID 185366M) and Patricia Grima (ID 0150370M) filed in the Rent Regulation Board, on the 31st October, 2024, the applicants Mario Cutajar (ID 403572M) et requested this Honourable Board why it should not:
i. Declare and decide that Emanuel and Patricia Grima are the lessees of the premises 14, Flat 2, Triq l-Ajkla, Valletta, in terms of Cap. 69 of the Laws of Malta;
ii. Order that the means test of the respondents Emanuel and Patricia Grima be carried out in terms of Act XXIV of 2021, which means test shall be based on the means test established 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;
iii. Consequently declare and decide that in terms of Act XXIV of 2021 of the Laws of Malta the rent shall be revised to an amount not exceeding 2% per annum or any percentage which may from time to time be established, of the free and open market value of the premises on the 1st January, 2024, and that is the year during which the application was filed and in order to establish new conditions regarding the rent if the case may be;
iv. Condemn the respondents Emanuel and Patricia Grima to start paying the said rent so liquidated;
v. Give these necessary orders in terms of Article 1531F of Cap 16 of the Laws of Malta and Act XXIV of 2021 in case the tenants do not satisfy the criteria of income and capital of the means test according to regulations issued by the Minister for Housing from time to time.
With costs and the respondents from now are summoned so that a reference to their oath be made.
Applicants: Palm Springs, Flt 3, Triq l-Għenba, Ħ’Attard
Respondents: 14, Flat 2, Triq l-Ajkla, Valletta
The application in the names Mario Cutajar et vs Emanuel Grima et, Application number 442/2024CG, has been postponed for hearing to the 6th February, 2025, at 10.10 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 197
197By means of a decree given by the Civil Court, First Hall, Constitutional Jurisdiction, on the 9th December, 2024, in the records of Constitutional Application number 492/2024MH, which was filed on the 29th October, 2024, in the names: Cane’ Guglielmo et vs Grima Joseph et, the following publication was ordered, in terms of Article 187 et sequitur of Cap.12, for the purpose of service of the respondents. The applicants asked this Honourable Court to, among others: Condemn the respondent State Advocate, to pay the same compensation and pecuniary and non-pecuniary damages as liquidated. 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 deferred to 19th February, 2025, at 9.30 a.m.
Notify Respondent: Grima Joseph, 9, Flat 4, Triq is-Sirena, Senglea
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 198
198By means of a decree given by the Civil Court, First Hall, on the 16th December, 2024, in the records of Sworn Application number 580/2024FDP, which was filed on the 27th May, 2024, in the names: Buhagiar Angelo vs Abela Joseph pro et noe et, the following publication was ordered, in terms of Article 187 et sequitur of Cap.12, for the purpose of service of the respondents. The applicant asked this Honourable Court to, among others: Authorise the applicant to do all that is necessary and necessary as requested in the same application. With all costs 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 11th March, 2025, at 9.30 a.m.
Notify respondents: Abela Joseph, 228, Triq iż-Żebbiegħ, Mġarr
Abela Kurt, P/H2, Quinto Place, Triq Sant’Anton Abbati, Mosta
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 199
199Banns for curators
Republic of Malta
To the Executive Officer of the Court of Magistrates (Gozo)
It is hereby notified that by a decree given on the 20 of December, 2024, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below and this in terms of article 931(3) of the Code of Organisation and Civil Procedure.
By a decree given on the 20th of December, 2024, it was ordered that a deputy curator be appointed in accordance with the law to represent the unknown owners of the annual and perpetual lease in the records of the schedule of deposit and contextual redemption of ground rent bearing number 452/2024 in names ‘Francis Azzopardi et vs Deputy Curators to represent the unknown owners of the annual and perpetual ground rent mentioned in the same schedule of deposit,’ filed on the 6th of December, 2024, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, and in all other relative and subsequent deeds.
The immovable property subject of this schedule of deposit are portions of land in the area known as ‘Ta’ Kuxxina’, in Nadur, Gozo, acquired by the predecessor in title of the applicants, Pietru Pawl Azzopardi, by means of a contract of constitution of a perpetual land rent in the acts of Notary Giuseppe Cauchi on 1st August, 1947, consisting of:
1. In two contiguous parcels, known as ‘Ta’ Kuxxina’ having a total area of approximately 392.9m2, bounded on the north with the property of the family known as ‘Tad-Dott,’ on the east with property leased to the Debono family and on the west with the property of the Camilleri family known as ‘Tad-Dikka’ and ‘Ta’ Sufina’ or more correct boundaries, as better shown on a plan annexed to the deed marked with the letter ‘A’;
2. A portion of land known as ‘Ta’ Kuxxina’, measuring approximately 492m2, bounded on the east by property belonging to the Grima family, on the west and south by property belonging to Savier Portelli, or more correct boundaries, as better shown on a plan annexed to the schedule of deposit marked with the letter ‘B’;
3. A portion of land consisting of two contiguous parcels known as ‘Ta’ Kuxxina’, measuring approximately 731m2, bounded on the north by property belonging to the Muscat family, on the east by property belonging to the Portelli family and the family known as ‘Ta’ Sufina,’ and on the southwest by property belonging to the Rapa family, or more correct boundaries, subject to the passage in favour of third parties, as better shown on a plan annexed to the schedule of deposit, marked with the letter ‘C’;
4. Portion of land ‘Ta’ Ċeqer,’ measuring approximately 172m2 bounded southeast by the property of the Portelli family, west-northwest by the property of the Debono family and south by the property of the Muscat family known as ‘Ta’ Zerrek’, or more correct boundaries, as better shown on the plan annexed to the schedule of deposit, marked with the letter ‘D’.
That portions numbered 1, 2 and 3 above described are jointly subject to the payment of a perpetual ground rent of seventeen shillings and ten pence (17s10d) payable to the respondents in favour of unknown third parties;
That all the aforementioned portions are jointly subject to the payment of a perpetual land annuity of nine Maltese liri (Lm9) equivalent to twenty euros and ninety-seven cents (€20.97c), in favour of the unknown respondents;
That the applicants wish to avail themselves of the faculty granted to them by article 1501 of the Civil Code and redeem the rent burdening these portions. That the sum of seventeen shillings and ten pence (17s10d) capitalized at 5% amounts to the sum of the equivalent today of twenty-one euros and forty-two cents (€21.42c);
Whereas, concurrently, the applicants wish to avail themselves of the faculty granted to them by article 1698 of the Civil Code and redeem the perpetual land annuity burdening the said portions. That the sum of nine pounds sterling (£9) capitalised at 3% amounts to the sum of three hundred pounds sterling (£300) which is equivalent to the sum of three hundred and sixty euros (€360) according to the current exchange rate;
That the applicants are depositing these two sums of €21.42c and €360 respectively, which sums can be freely withdrawn by whoever is entitled to them according to the law and this after tendering relative receipt.
You are therefore ordered to affix an official copy of these banns at the entrance of this Court and thereby summon anyone who wishes to be appointed as a curator to appear within six (6) days in this Registry and file a note by which they declare that they so do wish.
You are also ordered to inform one and all that if they do not make this declaration within the time given above, this Court will proceed to select a curator of the office. And after you have done so, or if you encounter any impediment in the execution of these banns, you shall inform this Court.
Given by the aforesaid Court of Magistrates (Gozo), Superior Jurisdiction, General Section, by the witness of Magistrate Dr Simone Grech, BA, LLD, Mag. Jur. (Eur. Law), a Magistrate of the aforesaid Court.
MARGARET DE BATTISTA
Assistant Registrar, for the Registrar, Gozo Courts and Tribunals
Notice 200
200Banns for curators
Republic of Malta
To the Executive Officer of the Court of Magistrates (Gozo)
It is hereby notified that by a decree given on the 4 of January, 2025, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below and this in terms of article 931(3) of the Code of Organisation and Civil Procedure.
By a decree given on the 4th of January, 2025, it was ordered that a deputy curator be appointed in accordance with the law to represent the unknown owners of the annual and perpetual lease in the records of the schedule of deposit and contextual redemption of ground rent bearing number 428/2024 in names ‘Carmen Sultana Mercieca vs Deputy Curators to represent the unknown owners of the annual and perpetual ground rent mentioned in the same schedule of deposit,’ filed on the 19th of November, 2024, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, and in all other relative and subsequent deeds.
The immovable property subject to this deed is:
The premises numbered 105 in Triq ta’ Bullara, Xagħra, Gozo, measuring approximately 490 square metres, bounded on the north with the property of Victor Portelli, on the west with the street and on the south with property of the Government of Malta, as shown on the plan annexed to the schedule of deposit, which premises is subject to the annual and perpetual ground rent of seventy cents (€0.70c), which the applicants wish to redeem by availing themselves of the faculty granted to them by Article 1501 et sequitur of the Civil Code, which sum of €0.70c capitalised at five per cent (5%) amounts to fourteen euros (€14.00c). That the applicants are also depositing the sum of three euros and fifty cents (€3.50c) as arrears of payment of the rent, so that the global amount deposited is seventeen euros and fifty cents (€17.50c), which sum can be freely withdrawn by whoever is entitled to it according to law and this after due receipt is tendered.
You are therefore ordered to affix an official copy of these banns at the entrance of this Court and thereby summon anyone who wishes to be appointed as a curator to appear within six (6) days in this Registry and file a note by which they declare that they so do wish.
You are also ordered to inform one and all that if they do not make this declaration within the time given above, this Court will proceed to select a curator of the office. And after you have done so, or if you encounter any impediment in the execution of these banns, you shall inform this Court.
Given by the aforesaid Court of Magistrates (Gozo), Superior Jurisdiction, General Section, by the witness of Magistrate Dr Brigitte Sultana, LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the aforesaid Court.
MARGARET DE BATTISTA
Assistant Registrar, for the Registrar, Gozo Courts and Tribunals