Court Notices published in Govt. Gazette No. 19,991 of 15th May 2018

DKR 389/2010 – Variation of a Freezing Order

It is being notified that by a decree dated 26th March, 2018, given by the Criminal Court (Mr Justice Dr Antonio Mizzi, LLD) following an application filed by Duncan Caruana on the 15th March, 2018, Bill of Indictment number 17/2013, in the case:

The Republic of Malta 

 Versus:

Matthew Zarb;

Franklin Orsini;

Mark Anthony Bartolo;

Mason Nehls; and 

Duncan Caruana, 30 years, son of Joseph and Anna née Schembri, born in Tal-Pietà, Malta, on the 10th June, 1987, residing at Block B, Flat 3, Triq Patri Franġisk Grech, Santa Venera, Malta, and holder of Maltese identity card bearing number 265087M.

The Court Authorized Notary Dr Joseph Tabone to publish the final contract of sale on the property with number 5, Triq Sant’Anna, Floriana, and the said notary shall pay the accused Duncan Caruana the sum of eighteen thousand euro (€18,000) as proceeds from this sale. The said accused is entitled for this sum as a fact as he never benefited for the sum entitled to him for his living by law. In the case that his share exceeds the sum of eighteen thousand euro (€18,000), APS Bank Ltd shall deposit the difference in the registry of Court.

This variation was made in terms of Section 22A (1)(a)(b) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta following another decree given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry on the 14th May, 2015, which was published in the Government Gazette of the 2nd June, 2015, and following a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Senior Magistrate Dr Silvio Meli) on the 20th December, 2010, and published in the Government Gazette of the 24th December, 2010, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Matthew Zarb, Franklin Orsini, Mark Anthony Bartolo, Mason Nehls and Duncan Caruana.

DR JOHN SEYCHELL NAVARRO 

DIP. HLTH SCIENCE, DIP. MGMT STUD., DIP. NOT. PUB., LLB, LLD 

Assistant Registrar, Criminal Courts and Criminal Tribunals

Notice Registry of the Civil Court (Family Section)

Whereas the plaintiff Renald Cesare (ID 522274M) filed an application under oath (No. 99/18RGM) demanding Corrections in his own Act of Birth number 5222/1974 respectively 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

KAREN FALZON 

For Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 8th May, 2018, in the records of the Mediation in the names Daniela Micallef vs Alfred Ciantar, Mediation number 400/18 AL, the following publication was ordered for the purpose of service of the respondent Alfred Ciantar, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application by Urgency, in the records of the Mediation in the names Daniela Micallef vs Alfred Ciantar, Mediation number 400/18, the applicant Daniela Micallef (ID 45490M) respectfully pleaded:

1. That by means of a contract dated 15th May, 2015, in the records of Notary Doctor Liza Schembri, the parties regulated the care and custody, the access and maintenance of their minor and namely … omissis … aged 4 years (Doc. annexed marked DM 1).

2. That in this same contract the parties agreed that the residence of the minor be with the wife, whilst the husband shall have access as regulated in the contract.

3. That, unfortunately, the problems between the parties did not stop due to the violent behaviour and the attitude of the father who is a possessive and manipulative person;

4. That recently the character of the minor … omissis … changed and she started to beat the applicant, break things and shout and scream, amongst other things;

… omissis …

6. That the applicant is very preoccupied by the manner how the attitude of the respondent is affecting the minor.

Thus, the applicant humbly asks this Honourable Court so that pendente lite:

1. It suspends the access of the minor … omissis … as regulated in the contract of separation dated 15th May, 2015;

2. In default order that access to the minor … omissis … be made under supervision within the building of the Appoġġ Agency;

3. Appoint the Appoġġ Agency to prepare a social worker report in order to decide the care and custody and access to the minor,

and this under any other provision that the same deems fit and opportune.

Civil Court (Family Section) 

Hon. Madame Justice Abigail Lofaro, LLD, Stud. Rel. Mag. Jur. (Eur. Law)

Mediation 400/18

Daniela Micallef

vs

Alfred Ciantar

The Court,

Saw the application of the 27th March, 2018,

Orders that the respondent be notified with five (5) days to file a reply.

Applicant: The Ivy’s Court, Block C, Flat 1, Triq il-Mosta, Ħ’Attard

Respondent; Pearl Court, Flt 2, Triq il-Magħgar, Burmarrad

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 4th April, 2018, in the records of the judicial letter number 414/18 in the names Gabriel Pellegrini et vs Margaret Rossignaud, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Margaret Rossignaud in terms of Article 187(3) et seq of Cap. 12.

In the First Hall of the Civil Court

To

Margaret Rossignaud of 17, Triq il-Creche, Tas-Sliema

By means of this present Gabriel Pellegrini (ID 168645M) and Myriam Pellegrini (ID 482444M) of 32, Cathedral Street, Tas-Sliema, whilst making reference to their previous judicial letter, they solicit you once again to return the furniture that you together with others took that belonged to their father and so in terms of his will, today it belongs to the interpellant, his heirs, and to give a statement of the administration of the money of their father when you, together with your husband, used to reside for a period of time at his home.

In you do not comply with the above within fifteen days from this letter the interpellants will have no alternative but to protect their rights otherwise.

So much for your own guidance

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 19th February, 2018, in the records of the judicial letter number 4422/17, in the names Carmen Cini vs Lawrence Azzopardi, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the defendant Lawrence Azzopardi in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To

Lawrence Azzopardi (ID 305867M) of 103, Triq Idmejda, Ħal Balzan

By the present Carmen Cini (ID 315665M) of 7, Giżimina, Triq Mons. Alan Fenech, Mosta, refers to two properties in Iklin which she inherited with you from your father Guzeppi Azzopardi who died in 1990.

These two properties are still not divided between you and the interpellant, and in fact one of them is still not divided between all the co-owners. Meanwhile, it appears that in the property which formed part of the Fireworks Factory in Iklin (Saint Gabriel) you assumed possession of a room. The interpellant is keeping you solely responsible for all damage which she suffered or could suffer as a result of your action – which damages could also include all the damages resulting from any legal proceedings which may be initiated by third parties as a result of your action. 

By this present the interpellant is soliciting you so that you return the possession of the property to the state in which it was and you pass on possession to the interpellant of all the land, and in addition, she reminds you and warns you that all that you have both inherited as a result of your father’s death is of both of you in equal shares which shares have not been divided and apportioned. 

So much for your own guidance and with costs

This judicial letter is needed also in terms of Article 2128 of the Civil Code.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals    

By decree given by the Civil Court, First Hall on 24th May, 2018, on the application of J. Zammit Ltd (C 37945), Wednesday, 20th June, 2018, at ten in the morning (10.00 a.m.) has been fixed for the Sale by Auction, to be held at Garage number three (3) ‘St James Court’, Triq is-Sienja, Ħ’Attard, of the following items seized from the property of Coreschi Duranovic (ID 383484M).

Vehicle of the make KIA Piccanto white in colour with the chassis number KNEBA 24427T370130, with the registration number LCT 548.

N.B. The said vehicle will be sold as described in the acts of judicial file number 8/18.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

By means of a decree of the 30th January, 2018, in the First Hall of the Civil Courts in the records of the judicial letter number 218/16 in the names Bank of Valletta plc vs Anthony Cachia, the following publication was ordered for the purpose of effecting service on the respondent Anthony Cachia in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the First Hall of the Civil Courts against Anthony Cachia (ID 11268M) of Flat 4, Helena Flats, Triq il-Paċi, St Paul’s Bay, on the 22nd January, 2016, Bank of Valletta plc of 1/5, Misraħ San Ġorġ, Valletta, VLT 1190, solicits you so that within two days you pay the sum of €25,653.95 balance of debt in your Loan Account with Bank of Valletta plc together with legal interest from the 28th September, 2015, till the date of effective payment.

The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 17th April, 2018, in the records of the judicial letter number 2900/17, in the names J Zammit Limited vs Alexander Cassar, the First Hall of the Civil Court ordered the following publication for the purpose of service of the respondent Alexander Cassar in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Alexander Cassar (ID 426767M), George, Triq Merħba, Fgura

By means of thispresent J Zammit Ltd (C 37945) of Raymond Autodealer, Triq l-Imdina, Ħaż-Żebbuġ, whislt making reference to the constitution of debt (document here attached and marked as Doc. A) in the acts of Notary Liza Schembri of the 24th January, 2013, is rendering the same executable in terms of Article 253 and 256 of Cap. 12 of the Laws of Malta and solicits you so that within two (2) days you pay the interpellant company the sum of €9,841.18 together with interest due of 8% from the date of the public act dated 24th January, 2013, which amount is sure, liquid and due.

With costs and interest

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th August 2017 handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2520/2016 in the names Automated Revenue Management Services Ltd pro et noe vs Lukman Hussein, the following publication was ordered for the purpose of effecting service on the interpellant Lukman Hussein in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Lukman Hussein (ID 140099M) of Blk B2, flt 1, Triq Petro Rossel, Pembroke

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €2,441.99 which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to law, regarding the bills holding number 101000189349 for the premises Flat 1, Blk B2, Triq il-Profs Walter Ganado, Pembroke, which amounts to €2, 441.99.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th August, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1929/2016 in the names Automated Revenue Management Services Ltd pro et noe vs Vincenza Zarb, the following publication was ordered for the purpose of effecting service on the interpellant Vincenza Zarb in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Vincenza Zarb (ID 666542M) of 26, Triq il-Vitorja, Birkirkara

By the present, Automated Revenue Management Services Limited (C46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,460.75, which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meter, administrative fees, connection and disconnection fees, together with interest due on the ammount according to law, regarding the bills holding number 101000156997 for the premises 26, Triq il-Vitorja, Birkirkara, which amounts to €1,460.75.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 7th May, 2018, in the records of the Warrant of Prohibitory Injunction in the names Iles Karl et vs Sarkans Karlin Ervins, Warrant number 624/18 LM, the following publication was ordered for the purpose of service of the respondent Karlin Ervins Sarkans, (ID 126286A) in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the First Hall Civil Court, in the names Applicant: 1) Karl Iles (ID 81176M); 2) Nathalie Iles née Ciappara (ID 37177M); 3) Derek Iles (ID 589645M) against (Respondent) Karlin Ervins Sarkans (ID 126286A) on the 19th April, 2018, the applicant Karl Iles, Nathalie Iles née Ciappara and Derek Iles (holders of identity cards respectively numbered 81176A, 37177M and 589645M, respectfully pleaded:

That the applicants have an interest to safeguard their rights;

That the applicants in order to safeguard their rights wish to withold the respondent from,

continuing to carry out the works on the airspace of the apartment internally numbered seven (7) in the block of apartments externally numbered eleven (11) in Gunlayer Street, Floriana, as well as a passage which abutts to a place in the airspace of the apartment numbered seven (7) where previously there was the washroom numbered two (2) but as a result of illegal works carried out by the respondent they were now demolished as well as from continuing to carry out any form of works in the said block of apartments which in any way or another affect and /or reduce the enjoyment of the property of the applicants.

Whereas the applicant Derek Iles together with his wife today deceased, Mary née Farrugia leased the apartment internally marked numbered (2) in the block of apartments externally numbered eleven (11) in Gunlayer Street, Floriana, since one thousand nine hundred and seventy-three (1973).

Whereas by means of a contract published by Notary Eugene Montanaro, on the 3rd September, 1993, copy annexed Doc. B, the applicant Derek Iles together with his wife today deceased Mary née Farrugia, purchased and acquired one half undivided (1/2) of the flat internally marked number two (2) situated in the second floor and forming part of a block of seven apartments which bear the number eleven, previously number 8, in Gunlayer Street, Floriana, with the rights mentioned in this application.

Whereas by a contract published in the records of Notary Malcolm Licari, of the 21st November, 2012, copy annexed Doc. C, the applicants Karl and Nathalie spouses Iles purchased and acquired one half undivided of the premises or rather flat number two (2)in the block number eleven (11) previously number eight (8) Gunlayer Street, Floriana, which flat is in the second floor, the owners of the flats numbers two (2), three (3) and six (6) of the said block have the right of passage on part of the roof of the owners of the flats number one, four (4) five (5) and seven (7) of the said block in order to reach the washroom mentioned between the staircase and yard.

Whereas the respondent is the owner of the flat internally marked one (1) and seven (7) in the block of apartments in question especially in the first floor, the respondent took possession of the area forming part of the common parts of the block of apartments referred to as lobby and carried out works to incorporate this common area with his property to form flatlet numbered 1A;

Whereas on the 14th January, 2018, the respondent applied with the Planning Authority to carry out ‘Construction of receded floor at fifth level’.

Whereas the permit for this application is expected to be issued in the coming days and by means of the same the respondent shall continue to carry out works which shall continue to prejudice in an irremediable manner the applicant’s rights.

Thus, for the reasons premised and in security of their same rights the applicants humbly pray this Honourable Court to issue an order of prohibitory injunction against the respondent in order that he be witheld from carrying out the works on the airspace of the apartment internally numbered seven (7) in the block of apartments numbered eleven (11) in Gunlayer Street, Floriana, and uphold the other demands in this warrant, by witholding the respondent from continuing to carry out any form of works in the said block which in any manner or other effect and/or reduce the enjoyment of the property of the applicants in any manner, material and/or form.

With, costs, against the respondent saving any further action due to the applicant.

Thus, the applicant humbly prays that this Honourable Court order the issuing of a Warrant of Prohibitory Injunction in order to withold him from continuing to carry out the works above mentioned.

Confirmed before me by oath after I read its contents and in the presence of as witness of identity and filed by P.L. N. Aquilina, with three Documents.

Warrant of Prohibitoty Injunction.

Republic of Malta.

To the Court Marshall

Whereas the above application was presented and there recurr all the necessary elements according to law for the undermentioned order;

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court First Hall with the witness of the Hon. Mr Justice Lawrence Mintoff, LLD.

Applicant: 11/2, Gunlayer Street, Floriana

Respondent: 3, Rue D’Argens, Gżira

Execution: 11, Gunlayer Street, Floriana

The Aspplication Warrant of Prohibitory Injunction in the names Iles Karl et vs Sarkans Karlin Ervins, Application 624/18 LM, has been deferred for hearing to the 18th May 2018, at 9.00 a.m.

Reġistry of the Superior Courts, today 11th May, 2018

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 24th April 2018, Application number 598/2018, by Mario Caruana and Kevin Caruana whereby they prayed that it be declared open in their favour the Succession of their father Joseph Caruana, widower of Virginia Caruana, son of the late Harry and Frangiska née Tabone, born in Floriana, Malta, and resided in Valletta, and died in Tal-Qroqq, Msida, Malta, on the 21st December, 2017, aged 72, holding identity card number 301345M.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals​