Court Notices published in Govt. Gazette No. 20,007 of 12th June 2018

DKR 44/2013 – Variation of a Freezing Order

It is being notified that by a decree dated 21st February, 2018, given by the Criminal Court (Malta), Mr Justice Dr Antonio Mizzi, LLD, after an application filed by Angelo Bilocca on the 16th February, 2018, Compilation number 1033/2012, in the case:

The Police

(Inspector Herman Mula)

(Asst Comm. Dennis Theuma)

Versus

Angelo Bilocca, 39 years, self-employed, son of Calcidon and Rita née Portelli, born in Tal-Pietà, Malta, on the 4th November, 1978, residing at San Niklaw Farm, Triq Lapsi, Siġġiewi, Malta, and holder of Identity Card bearing number 556978M;

and

Priscilla Cassar

The Court Authorized the accused Angelo Bilocca to receive the amount of thirteen thousand nine hundred and seventy euro and twenty cents (€13,976.24) for the year 2018.

This variation is made in terms of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, of Section 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta following another variation given by the Criminal Court by a decree dated 20th May, 2015 and published in the Government Gazette on the 01st June, 2015 and following a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Miriam Hayman LLD) on the 14th February, 2013 and published in the Government Gazette on the 19th February, 2013 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 Angelo Bilocca and Priscilla Cassar.

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 304/2014 – Variation of a Freezing Order

It is being notified that by a decree dated 22nd May, 2018 given by the Criminal Court (Madame Justice Dr Edwina Grima, LLD) following an application filed by Angel Attard on the 2nd May, 2018, Compilation number 826/2014, in the case:

The Police 

Versus

Angel Attard, 36 years, son of Raymond and Carmen née Azzopardi, born in Tal-Pietà, Malta, on the 21st October, 1981, residing at Savoy Gardens Block J, Flat 20, Triq D’Argens, Gżira, Malta, and holder of Maltese identity card bearing number 632281M.

The Court Acceded to the request of the accused Angel Attard in the sense that the sum of sixteen thousand, six hundred and seventy-five euro and eighty-seven cents (€16,675.87) representing the balances in the accounts of type Savings and Current in the name of the accused with Bank of Valletta plc, are to be transferred to the Loan Account which the accused has with the mentioned bank to serve as payment for the loans mentioned in the application. 

The publication of this order is being published in terms of Article 22A of Dangerous Drugs Ordinance Cap. 101 of the Laws of Malta of Article 5 (1) (a) (b) and 5 (2) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and of Article 23A of the Criminal Code Cap. 9 of the Laws of Malta following another publication published in the Government Gazette of the 24th May, 2016, after a decree given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry on the 28th April, 2016, following another publication published in the Government Gazette on the 27th January, 2015, after a decree given by the Criminal Court (Malta) on the 16th January, 2015, following another publication published on the 12th September, 2014, after a decree given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Claire L. Stafrace Zammit, LLD) on the 4th September, 2014, whereas 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 Angel Attard.

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court, on the 21 st May 2018, following a request of Dr Kevin F. Dingli and Dr Tonio Grech noe, it was ordered that deputy curators be chosen to represent the company AOS Trading DMCC, in the records of the precautionary garnishee order in the names Advocates Dr Kevin F. Dingli and Dr Tonio Grech noe vs Deputy Curators, precautionary garnishee order number 833/2018, and in the relative and subsequent acts. 

By means of a Precautionary Garnishee Order, filed, in the First Hall Civil Court, in the names (Execution Creditor) Advocate Doctor Kevin F. Dingli hold of identity card number 664359M and Doctor Tonio Grech, holder of identity card number 260360M in their capacity as special mandataries of the absent company Dizengoff Trading Co 1952 Ltd, registered Herzliya, Israel, vs (Debtor) Deputy Curators to represent the absent company AOS Trading DMCC, registered in Dubai, United Arab Emirates, on the 18th May 2018, the applicant Dizengoff Trading Co 1952 Ltd, respectfully pleaded and confirmed by oath and Advocate Doctor Kevin F. Dingli in his capacity premised respectfully pleaded,

That this Honourable Court order the issuing of a garnishee order in the hands of the garnishee or garnishees as mentioned hereunder against the debtor for the undermentioned credit and the expenses of this procedure in security of the credit hereunder indicated.

Capital One Million and thirty-five thousand nine hundred twenty eight American dollars and thirty two cents (USD 1,035,928.32) equivalent to eight hundred seventy seven thousand one hundred sixty two ewro (€877,162) according to the rate of exchange of 1.181 published by the Central Bank of Malta, on the 17th May, 2018.

Interest: Reserved

Costs: One hundred thousand American dollars (USD 100,000) equivalent to eighty-four thousand six hundred seventy-four euro (€84,674).

Reasons: In order to secure the claim for damages resulting from the violation of the contract of sale (Sale Contract) dated 25th September, 2017 (contract number AOSSA 09/01/2017) as amended by addendum number 2 dated 21st December, 2017, for 30,000 metric tons of feed wheat made between the creditor company as purchaser and the debtor company together and in solidum with the foreign company AOS International SA as vendors, which violation of the contract was carried out on the part of the vendors including the debtor company which claim constitutes the merit of Arbitration Claim number 17-317 Doc A annexed.

Garnishee/ Garnishees: 1. Fimbank plc Mercury Tower the Exchange Financial and Business Centre, triq Elia Zammit, St Julian’s STJ 3155.

2. IIG Bank (Malta) Ltd, Level 20, Portomaso Business Tower, St Julian’s STJ 4011.

3. Bank of Valletta plc, Triq ir-Repubblika, Valletta

4. HSBC Bank (Malta) plc, 32, Triq il-Merkanti, Valletta

5. Lombard Bank (Malta) plc 67, Triq ir-Repubblika, Valletta

6.APS Bank Ltd, Triq Sant’Anna, Floriana

Execution Creditir: 18/2, South Street, Valletta

Debtor: AOS Ttrading DMCC, Unit No. Au -11-B, Gold Tower, Jumeirah Lake Towers, Dubai, United Arab Emirates

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in th execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Joseph Zammit Mckeon, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Whereas Katsiaryna Petrovna Sarokina filed a writ of summons no. 52/2018 (JVC) in the names ‘Katsiaryna Petrovna Sarokina vs Direttur tar-Reġistru Pubbliku’ demanding Corrections in her Act of Marriage bearing number three of the year two thousand and twelve (3/2012).

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 (15) 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 writ of summons, of the day which will be appointed for the hearing of the case.

MAUREEN XUEREB

For the Registrar, Gozo Courts and Tribunals

DKR 76/2018 – New Freezing Order

It is being notified that by a decree dated 28th May, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Natasha Galea Sciberras, LLD) Drugs number 96/2018 in the case:

The Police

(Inspector Priscilla Caruana Lee)

Versus

Shannen Grech, 20 years, unemployed, daughter of Josephine Grech, born in Tal-Pietà, Malta, on the 25th February, 1998, residing at number 111, Flat 5, Triq San Ġużepp, Valletta, Malta, and holder of Maltese identity card bearing number 88898(M);

and

Zayne Cassar, 17 years, unemployed, son of Wayne John and Priscilla Fava, born in Tal-Pietà, Malta, on the 14th December, 2000, residing at number 84, Flat 7, Triq San Franġisk, Floriana, Malta, and holder of Maltese identity card bearing number 477900L.

Ordered the attachment in the hands of third parties in general all monies and other movable property due or pertaining or belonging to Shannen Grech and Zayne Cassar and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, of Section 5 (1) (a)(b) and 5 (2) of Cap. 373 of the Money Laundering Act of the Laws of Malta in accordance with Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Section 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment. 

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

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

By a decree of the 29thMay, 2018, given by the Courts of Magistrates, ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).

That by the application filed by Go plc (C 22334) on the 7th February, 2018, is asking for the withdrawal of the amount of €940.31 by Go plc (C 22334) deposited by the Schedule of Deposit number 745/2016 in the names of:

Mobisle Communications Limited (C 24655) vs Anthony Borg (ID 177171M)

The Court ordered the notification of this application with four days for filing a reply.

MARVIC FARRUGIA

For Registrar of Courts and Civil Tribunals

By means of a decree of the 29th January 2018 in the Court of Magistrates (Malta) in the records of the judicial letter number 1557/18 in the names Bank of Valletta p.l.c. vs Charles Joseph Deguara, ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Charles Joseph Deguara (ID 459498M) of Menhir, Triq Danny Cremona, Kirkop, on the 8th June 2017, Bank of Valletta p.l.c. of 1/5 Misraħ San Gorg, Valletta, VLT 1190, calls upon you so that within two days you pay the sum of €3,579.94 balance of debt in your Credit Card Loan Account with Bank of Valletta p.l.c. together with further interests from the 7th December 2016 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 26th June 2017 given by the Courts of Magistrates (Malta), in the records of the judicial letter number 2790/15, in the names Director (Property Tax) for Commissioner of Revenue vs D’Amato Giovanna, ordered the following publication for the purpose of service in terms of Article 187(3) et seq of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Giovanna D’Amato (ID 527950M) of 39, Okella Agius Flt 43, Triq Ħal Qormi, Ħamrun, on the 29th October 2015, the Director (Property Tax) for the Commissioner of Revenue of Capital Transfer Duty, 46, Triq il-Merkanti, Valletta, calls upon you so that within two days you pay the sum of €115.29 as back payment of tax on documents and transfers due and as addition tax and/or interest according to the Demand Notice for Payment here attached and marked as Doc C.

Because you failed to pay the amount due although a demand for payment was made (see the same Doc C above mentioned), the interpellant warns you that if you fail to pay the amount in the time given, he will proceed for the execution of his executive title given in terms of Article 60A of the Act regarding the Tax on Document and Transfers (Cap. 364 of the Laws of Malta).

Pay the costs of this act.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

NOTICE BY THE REGISTRY OF THE CIVIL COURT (FAMILY SECTION)

Whereas the plaintiff Selamawit Derso Tesara (114409A) filed an application under oath (No. 146/18RGM) de-manding CORRECTIONS in the ACT OF BIRTH of the minor child Aemen Dunguse Mohammed Gibril number 2217/2016, 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 of the 18th August 2017 handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2518/2016 in the names Automated Revenue Management Services Ltd pro et noe vs Christine Camilleri, the following publication was ordered for the purpose of effecting service on the interpellant Christine Camilleri in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Camilleri Christine (ID 402277M) of Odeon Crt Blk A, Fl 2, Sqaq il-Għajn, Ħamrun.

By the present, Automated Revenue Management Services Limited (C46054) of Gattard House, National Road, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworned 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 €2,878.55 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 101000195113 for the premises Odeon Crt Blk A, Fl 2, Sqaq il-Għajn, Ħamrun, which amounts to €2,878.55.

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 447/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Roberta Cassar Aveta, the following publication was ordered for the purpose of effecting service on the interpellant Roberta Cassar Aveta in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Roberta Cassar Aveta (ID 415776M) of 16, Triq Sir Arturo Mercieca, Sliema .

By the present, Automated Revenue Management Services Limited (C46054) of Gattard House, National Road, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworned 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 €1,320.38 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 101000060930 for the premises Apt 3, Blk C, Triq il-Qatta, Swieqi, which amounts to €1,320.38.

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

Republic of Malta 

To the Marshall of the Court.

By means of a decree given by this Court, on the 26th February 2018, following a request of Joseph Cutajar et, it was ordered that deputy curators be chosen to represent unknown direct and sub-direct owners in the records of the Schedule in the names Joseph Cutajar et vs Deputy Curators, schedule number 353/2018 and in the relative and subsequent acts.

By means of a Schedule of Deposit and contextual redemption of groundrent filed in the First Hall Civil Court, in the names Joseph Cutajar, pensioner, son of the late Lawrence and Grace née Vella, born in Għasri, Gozo and his wife Mary Rose, pensioner, daughter of the late Emanuel and Josephine née Grima, all resident x-Xagħra, Gozo, identity card numbers, iD 2151 and 58051 G respectively vs Deputy Cutrators appointed to represent the unknown direct and sub-direct owners, on the 22nd February 2018, the interpellants Joseph and Mary Rose (spouses) Cutajar respectfully pleaded;

That the interpellants acquired by means of a contract in the records of Notary Paul George Pisani, on the 19th February 1997, the premises number 5, Valley View Court, Triq Zakkew, Msida, which premises is subject to the annual and perpetual sub-groundrent of (€ 58.23).

That the interpellants pay groundrent of €58.23, as follows for (€20.96) to Carmel Attard ta’ Flat 2, Redentur, Triq Salvu Buhagiar, Marsaskala, and for (€37.27) to Rita Schembri ta’ Saita, Triq Dokkiena, Ħal Luqa.

That the interpellants do not have information regarding the identity of the direct and subdirect owners, but want to avail themselves of the faculties given by Cap. 16 of the Laws of Malta and deposit the global sum of (€ 1,222.83) which amount consists in € 1,164.60 as price of redemption of annual and perpetual sub-groundrent above mentioned, together with the sum of € 58.23 arrears of groundrent in order to be freely withdrawn by the respondents in their position after they proof their title in terms of Article 1501 (8) of Cap 16 of the Laws of Malta and also after they have left the due reciept according to law.

Interpellants: Joseph and Mary Rose (spouses) Cutajar, Triq Mikiel Farrugia, 

Xagħra, Għawdex.

Services:1. Deputy Curators.

2. Public Registry, (two copies) Evans Building, Triq il-Merkanti, Valletta.

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in th execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr. Justice Anna Felice, LLD. Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

IT IS hereby notified that by virtue of a decree given on the 1st of June 2018, the Small Claims Tri-bunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in re-spect of the defendant Ann Mary Corkett (ID 30879A) of Ta’ Gillu, Birbuba Street, Gharb, Gozo:

The company GO plc (C22334) of Spencer Hill, Marsa, Malta filed a claim in the Small Claims Tribunal (Gozo) – Case number 13/2018 in re “GO plc vs Ann Mary Corkett” – on the 10th of April 2018 wherein it requested the Tribunal to condemn the defendant Ann Mary Corkett to pay plaintiff company the amount of €761.58 in connection with services, together with costs, interest and legal expenses. 

The hearing of this case is being deferred to the 28th of September, 2018 at 11.00 a.m.

DANIEL SACCO

Deputy Registrar

IT IS hereby notified that by virtue of a decree given on the 1st of June 2018, the Small Claims Tri-bunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in re-spect of the defendant Tanja Kazala Geb Schnell of Tan-Nut, Torri Tingi Street, Xewkija, Gozo:

The company GO plc (C22334) of Spencer Hill, Marsa, Malta filed a claim in the Small Claims Tribunal (Gozo) – Case number 14/2018 in re “GO plc vs Tanja Kazala Geb Schnell” – on the 10th of April 2018 wherein it requested the Tribunal to condemn the defendant Tanja Kazala Geb Schnell to pay plaintiff company the amount of €1641.31 in connection with services, together with costs, interest and legal expenses. 

The hearing of this case is being deferred to the 28th of September, 2018 at 11.00 a.m.

DANIEL SACCO

Deputy Registrar

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 1814/2016 in the names Automated Revenue Management Services Ltd pro et noe vs Ecorp Ltd, the following publication was ordered for the purpose of effecting service on the interpellant company Ecorp Ltd in terms of Article 187(5) of Cap. 12.

In the Court of Magistrates (Malta)

To Ecorp Ltd (C39178) of 134, Telgħet G’Mangia, Pietà 

By the present, Automated Revenue Management Services Limited (C46054) of Gattard House, National Road, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworned 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 €10,789.24 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 101000270855 for the premises 134, Office, it-Telgħa ta’ Gwardamangia, Pietà, which amounts to €10,789.24.

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 27th March 2018 in the records of the judicial letter number 240/18 in the names Godfrey Cosaitis et vs Josette Loporto et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Philip sive Pippo Loporto, Roberto Loporto and Alessandro Loporto in terms of Article 187(3) et seq of Cap. 12.

In the First Hall of the Civil Court

To

1. Josette Loporto

2. Philip sive Pippo Loporto of Linsi, Flat 1, Triq ir-Regina Vittorja, Sliema;

3. Roberto Loporto of 2, Dingli Mansions, Flat 8, Sir Adrian Dingli Street, Sliema

4. Alessandro Loporto of 22, Linsi, Flat 2, Triq ir-Regina Vittorja, Sliema;

5. Carmel sive Lino Loporto

6. Deputy curtors to represent the vacant inheritance of Saviour sive Silvio Loporto

By means of this present Godfrey (ID 558961M) and Susan (ID 701062M) of 42, Orchid, Triq Olaf Gollcher, Birkirkara make reference to the promise of sale signed by the late Saviour sive Lino Loporto and Carmel sive Lino Loporto on the 30th October 2017, a copy of which is attached and marked as Doc A where the same late Saviour sive Silvio Loporto and Carmel sive Lino Loporto obliged themselves to sell and transfer to the interpellants, who obliged themselves to buy and acquire the premises, and namely the house with official number 73, in Triq il-Kurcifiss, Isla, underlying property of third parties, free and unencumbered with all its rights and appurtenances. The said property enjoys and is subject to the active and passive servitudes resulting from its position, leased to Martess Michelle Azzopardi at the rent of €204 and this subject to the terms and conditions as listed in the same promise of sale.

From the date of promise of sale, one of the co-vendors, and namely Saviour sive Silvio Loporto, died and you, as the presumptive heirs and namely his wife Josette Loporto, and his children Philip sive Pippo, Roberto and Sandro all brothers Loporto and the co-vendor Carmel sive Lino Loporto, are refusing to appear on the final deed of sale.

The aforementioned promise of sale expires on 30 January 2018 and you failed to appear for the final deed of sale. 

Thus, as co-vendors and as presumptive heirs, you are being officially solicited to honour what the vendors obliged themselves to do. Should you fail to do so, the applicants will proceed against you according to law and withou any further notice. 

This judicial letter is being made inter alia in terms of article 889 of Cap. 12 and of Article 1357 of Cap. 16 of the Laws of Malta.

With costs and interest.

Service

1. Philip sive Pippo Loporto of Linsi, Flat 1, Triq ir-Regina Vittorja, Sliema;

2. Roberto Loporto of 2, Dingli Mansions, Flat 8, Sir Adrian Dingli Street, Sliema

3. Alessandro Loporto of 22, Linsi, Flat 2, Triq ir-Regina Vittorja, Sliema

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the CIVIL COURT, FIRST HALL on the 26th April 2018, on the application of SAMMUT CARMELO PRO ET NOE, Thursday, 05 July, 2018 at half past ten in the morning (10:30 a.m.), has been fixed for the SALE BY AUCTION, to be held on the First Floor, Courts of Justice, Republic Street, VALLETTA of the following property.

Property numbered 142 named Dominic House, underlaying a block of apartments block unumbered and named ‘Gagu Flats’, Naxxar Road, San Ġwann, subject to an annual and perpetual ground rent of €2.329, free and uncumbered valued at €250,000.

The said tenement is the property of BORG CONSTANTINE ET.

N.B. The said tenement will be sold as described in the acts of judicial sales number 93/2016.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 24th May 2018, Application number 788/2018 by Carmela Vella, Caesar Vella, Maria Casilda Vella, Adelaide Smith, Loranne Vella, Herbert Busuttil, Andrew Busuttil, Blanche Mamo, Charmaine Buhagiar and Sandro Vella whereby they prayed that it be declared open in their favour in its entirety the SUCCESSION of Salvatore Vella, bachelor, son of the late Spiridione and Victoria née Attard, born in Zejtun, resided in Marsaskala and died in Rabat, Malta on the 21st July 2017 aged 92 holding identity card number 354625(M).

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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 24th May 2018, Application number 789/2018 by Caroline Grech et, whereby they prayed that it be declared open in favour of the same Caroline Grech, wife of the decujus and this in the quota of one half (1/2) undivided share; and the remaining one half (1/2) undivided share in favour of Saviour, Kurt, Emanuel and Alphonse brothers Grech, children of the decujus and this in equal shares between them the SUCCESSION of Angelo sive Ninu Grech, son of Salvu and Carmela née Theuma, born in Zabbar, resided in Zabbar and died in tal-Qroqq, Msida on the 17th November 2017 aged 71 holding identity card number 975046(M).

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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th May 2018, Application number 799/2018 by Philip and Victor brothers Casha, whereby they prayed that it be declared open in favour of the same in the quota of one half (1/2) undivided share each one of them the SUCCESSION of their father Angelo Casha, son of the late Francesco and Antonia née Farrugia, born in Qormi and died in tal-Qroqq, Msida on the 4th March 2011 aged 72 holding identity card number 0605938(M).

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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 23rd May 2018, Application number 785/2018 by Carmelo sive Charlie Farrugia, whereby he prayed that it be declared open in favour of the same and of his brothers and sisters Catherine Cremona, Francis Farrugia, Josephine Borg and Theresa sive Marthese Camilleri and this in the quota of one fifth (1/5) undivided share each one of them the SUCCESSION of his uncle Giuseppe Farrugia, bachelor, son of the late Francesco and Angela née Vassallo, born in Zurrieq, resided in Luqa and died in tal-Qroqq, Msida on the 25th February 2018 aged 87 holding identity card number 0108931(M).

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

By a decree given on 21st May, 2018 by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).

By the application filed in the Civil Court First Hall on the 2nd January, 2018 by Western Company Limited (C19994) application number 1/18 in the names Western Company Limited (C19994) vs Anna Spiteri et (ID 18552 M) is being asked that the Court orders the sale by auction of the:

House officially marked number three (3) named Sgoletto House, in Pjazza Agostino Se-valli, San Ġiljan together with an garage underlaying the same property.

The said tenement is the property of Anna Spiteri (ID18552 M) et.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By a decree of the Courts of Magistrates (Malta), of 28th May 2018, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(3) of the Code of Organisation and Civil Procedure (Cap 12).

Banns for Curators

REPUBLIC OF MALTA

To the Court Marshall

By a decree given by the Courts of Magistrates (Malta) it was ordered that on an application of Paul Mallia et for the selection of Deputy Curators to represent the unknown sub-direct owners of the premises 64, Triq ix-Xatt, Pietà in the schedule of deposit number 1072/18 and in other relative and subsequent acts where they requested:

That by means of a contract dated 21st February 1987 in the acts of Notary Dr Mario Bugeja, the applicants acquired the perpetual utile dominium     of the house in 64, Triq ix-Xatt, Pietà for the annual and temporary groundrent of Lm90, today equivalent to €209.64;

It is not known who is the sub-direct owner of the premises 64, Triq ix-Xatt, Pietà and it results that there is a legal dipute regarding the same;

The applicants wish to deposit the sub-groundrent due by them for the years 2014 till 2018;

Thus, the applicants in order to exempt themselves from any responsibility are depositing under the Authority of this Honourable Court the amount of €1048.20 representing the groundrent due for the years 2014 till 2018 so that it may be freely withdrawn by whoever has the right to it according to Law after leaving the relative receipt.

Applicant: 64, Triq ix-Xatt, Pietà.

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and files a note with a declaration that he is prepared to act as such. 

You are also ordered to inform everyone that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.

Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Grazio Mercieca LLD, Doctor of Laws, Magistrate of the above-mentioned Court.

ALEXANDRA DEBATTISTA

For the Registrar, Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 14th May 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12).

FM Core Condominium Administration Limited (C-68910) in its own capacity as admistrator of the Condominium holding the name Fort Cambridge West 31 (Condominium Number 1589) and also of the Condominium holding the name Fort Cambridge Garage Complex (Condominium Number 1586) of Valley Mansions, Level 1, Msida Valley Road, Birkirkara, filed a Claim on the 27th November 2017, whereby they asked the Court to condemn Carlo Trapani (Italian Passport holding number AA0112837) of Fort Cambridge Block West 3, Apartment 1902, Triq Tigne, Sliema, to pay the plaintiff company the sum of €5,015.08 which amount is due to the plaintiff company.

With costs and interests.

The case (Application Number 344/17MLF) is deferred to the 9th July 2018 at 9.30a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th April 2018, Application number 611/2018 by Janet and Sam Charles spouses Aquilina, whereby Cheyenne Aquilina, unmarried, daughter of Sam Charles Aquilina and Janet Aquilina née Sciberras, born in Pieta on the 8th March 2000 and residing in Qormi aged 18 holding identity card number 91400(L) was INCAPACITATED by means of a decree given on the 17th May 2018 under the conditions therein mentioned.

ALEXANDRA DEBATTISTA

For the Registrar Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th May 2018, Application number 793/2018 by Carmela sive Carmen Sapiano et, whereby they prayed that it be declared open in favour of the same Carmela Sapiano, wife of the decujus and this in the quota of one half (1/2) undivided share; and in favour of Malcolm and Nathalie, brother and sister Sapiano, children of the decujus and this in the quota of one fourth (1/4) undivided share each one of them the SUCCESSION of Godfrey Sapiano, son of the late Philip and Maria Stella née Zahra, born in Zebbuġ, Malta, resided in Siġġiewi and died in tal-Qroqq, Msida on the 22nd February 2018 holding identity card number 0933746(M).

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

By a decree of the Small Claims Tribunal of the 25th September 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 23rd May, 2017, whereby they asked the Tribunal to condemn El Nabolsi Wisam (Passport Number 82650852) of 14, Flat 1, Triq il-Creche, Tas-Sliema, and/or Velpa Court, Maisonette Numru 2, Sqaq il-Fawwara, tas-Sliema, to pay the plaintiff company the sum of €2007.52 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim Number 257/17KCX) is deferred on the 13th June, 2018, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice in terms of article 495A of the Civil Code, issued by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section

Application number 18/2018

Application in terms of Article 495A of the Civil Code

John Mary k/a Giovan Cassar of ‘La Colomba’, Triq il-Belliegħa, Victoria, Gozo, holder of identity card number 65557G on behalf of and in representation of Stephen Saliba residing abroad at 33, Halcyon, Way, Narre Warren, Victoria 3805, Australia, holder of Maltese passport number 1250994 

vs 

Dr Joseph Grech in representation of the absentee Pauline Galea

Sworn Application by John Mary sive Giovan Cassar of ‘La Colomba’, Triq il-Belliegħa, Rabat, Gozo, holder of identity card number 65557G, on behalf of and and in representation of Stephen Saliba of 33, Halcyon Way, Narre Warren, Victoria 3805, Australia, holder of Maltese passport 1250994 

States with respect and John Mary sive Giovan Cassar as duly authorised by virtue of the power of attorney annexed hereto and marked as Doc. A, confirms and declares under oath that he personally knows the facts: 

1. That this application refers to the property that is a portion of land known as ‘Il-Gnien’ sive ‘Tad-Dawwara’, limits of Rabat, Gozo, having the superficial area of one thousand, one hundred and twenty-four square meters (1,124 sq.mt.), bounded on the North in part with the property of the applicant proprio Stephan Saliba and in part with the property of Felic Vella, on the East with the property of Grezzju Vella, which property is better shown marked in red on the plan and site plan herewith annexed and marked as Doc. B;

2. That this property was originally owned by Rosa and Clement Saliba and was acquired from Carmela Spiteri by means of a contract of sale dated the seventeenth (17th) March of the year one thousand, nine hundred and fifty-nine (1959), a copy of which is being herewith attached and marked as Doc. C;

3. That the above-mentioned Clement Saliba, who was married to Rosa Saliba, died intestate on the twenty-seventh (27th) of May, of the year, one thousand, nine hundred and seventy-two (1972), as shown from the Death Certificate herwith attached and marked as Doc. D;

4. That the above mentioned Clement Saliba was succeeded, besides his wife Rosa Saliba, also by his two (2) children, i.e. the applicant Stephen Saliba and the defendant Pauline Galea née Saliba;

5. That therefore his succession devolved on his children, that is Stephen Saliba and Pauline Galea, in equal shares between them, and therefore each and every one of the parties had an undivided quarter (1/4) from the property subject to this application;

6. That the succession of the above mentioned Clement Saliba was duly declare in the Declaration Causa Mortis number G356/75, a copy of which is being hereby attached and marked as Doc. E;

7. That Rosa Saliba, wife of the above mentioned Clement Saliba died on the seventeenth (17th) of November, of the year one thousand, nine hundred and ninety-seven (1997), as shown by the Death Certificate, which is being herewith annexed and marked as Dok F;

8. That the above-mentioned Rosa Saliba regulated her estate and succession by virtue of a will dated on the nineteenth (19th) of September, of the year one thousand, nine hundred and ninety (1990) a copy of which is hereby attached and marked as Doc. G;

9. That in virtue of her will, the above-mentioned Rosa Saliba nominated her son Stephen Saliba, the applicant, as a universal heir;

10. That the declaration causa mortis was duly published in the acts of the Notary Dr Enzo Dimech of the second (2nd) of March of the year one thousand, nine hundred and ninety-eight (1998), a copy of which is being annexed and marked as Doc. H;

11. That therefore it results that after the death of the mother, the applicant Stephen Saliba has three-quarter (3/4) undivided share of property subject to this application, whilst the defendant has a quarter (1/4) undivided share from it;

12. That the applicant made several attempts in order to be able to offer this property for sale and this through various communications with the defendant, however, these did not bear any fruit;

13. That by virtue of a private writing of the sixteenth (16th) of January two thousand and eighteen (2018), a copy of which is being annexed as Doc. I, the applicant Stephen Saliba entered a promise to sell the above-mentioned property;

14. That this promise of sale was duly registered with the Commissioner of Inland Revenue, a copy of which is hereby attached and marked as Doc. J;

15. That the applicant obtained an estimate from the Architect and Civil Enginéer Joseph Stellini, who prepared an estimate of the above-mentioned property and estimated the full value of the property in the amount of twenty-five thousand Euro (€25,000), as shown from the estimate attached hereto and marked as Doc. K;

16. That the list of the relative portions of the property subject to this application are all contained in the list attached hereto and which is marked as Doc. L;

17. That the defendant therefore owns one fourth (1/4) undivided share of the property subject to this application, while the applicant is the owner of the remaining three-fourths (3/4) undivided share as explained further above;

Therefore, the applicant requests with respect that this Honorable Court:

1. Appoints deputy curator/s to represent the absentee Pauline Galea, by means of the issuing of the necessary notices which are to be notified according to the law;

2. Orders the publication of this application in the Government Gazette and another local newspaper in terms of Article 495 of Chap. XVI of the Laws of Malta;

3. Declares that the price and the proposed conditions of sale of the property described above is fair and reasonable and that the same price and conditions shall apply to the sale of the remaining one fourth (1/4) undivided share of the above-mentioned immovable, saving, if necessary, that the property be estimated by an architect and civil enginéer;

4. Finally approves the proposed sale and orders the publication of the deed of sale including the share pertaining to the defendant, on a day, time, and place which shall be fixed, and appoints the Notary Public Dr Enzo Dimech to publish the relevant deed of sale, with the intervention of deputy curator/s to represent any eventual absentee on that deed.

With costs against the defendant

The application is appointed for hearing for Wednesday, 10th October, 2018

SILVIO XERRI

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 30 th May 2018, in the records of the Sworn Application in the names Peppi Gauci (ID 77677M) vs Deborah Cassar Wheelan (ID 0294771M) Application number 216/16 AL, the following publication was ordered for the purpose of service of the respondent Deborah Cassar Wheelan, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court (Family Section) in the records of the Sworn Application in the names Peppi Gauci (ID 77677M) vs Deborah Cassar Wheelan (ID 0294771M) on ther 5th April, 2018, the applicant Peppi Gauci (ID 77677M) respectfully pleaded:

That the parties were in a relationship from which they had two children the minor son … omissis …, aged 14 years and … omissis … aged 10 years;

That the applicant is making reference to the report of the Counselling Psychologist Luisa Eminyan, which is exhibited Doc. PG 1, in particular where she concluded that the children are ‘alienated from their father’;

That in fact she noted that the serious allegations that the elder minor … omissis … made are not the more serious reasons behind the feelings of anger towards his father whilst … omissis … is seeing the situation as an all or nothing, his mother is good in everything whilst his father is bad in everything,

… omissis …

Both … omissis … and … omissis … have drawn conclusions about their father based on second hand information that they have not experienced directly but vicariously through their mother. The ensuing feelings are therefore not their own but are their mother’s however because of the enmeshed relationship they fail to differentiate between the two;

… omissis …

That it is exactly on this point also that the psychologist concludes that ‘the rejection of there father is therefore more likely to be a reaction to the argument that they were witnesses to or a form of protest, rather than it stemming from their reported feelings of fear of the father’;

That reference is made to the report of Carmen Sammut, the psychologist appointed by this Honourable Court whereby she pointed out that the children are feeling constrained to choose between a parent and another and are rejecting the happy memories they had with the applicant;

That subsequerntly by means of a decree given on the 29th March, 2017, this Honourable Court, ordered the parties to start attending family therapy sessions, whilst ordering that the father have access to the minor separately;

… omissis …

That unfortunately and as explained by the Agency Appoġġ (fol 189) the access did not have a positive outcome;

That once again the defendant continued to see how to shed a bad light on the applicant as in her reply a (fol 192) she mentions that the applicant in the presence of supervisors squashed the palm of the minor’s hand and on another occassion he put his hand around his neck;

That naturally this is completely untrue since if this truly occurred the supervisors who are in charge to protect the minors would have reported in this sense;

That finally reference to the report of the Advocate for Children whereby it was recomended that the access be suspended and this because the damage the father did by his actions in the past is clearly very huge and caused great suffering. That infact, by means of a decree dated 28th September, 2017, this Honourable Court ordered that the access be stopped immediately;

… omissis …

That certainly as things stand in the present they are not in the best interest of the minor.

… omissis …

Thus, for the reasons above premised and in the best interest of the minors, the applicants asked this Honourable Court so that pendente lite:

a) It revokes the decree of the 28th September, 2017, contraro imperio, whilst it grants access in favour of the applicant for the two minors, individually at least twice weekly if necessary with the assistance of the police and/or the Court marshalls;

b) Order the applicant together with the minors to attend sessions of family therapy to work on their relationship;

c) Appoint a psychiatrist or clinical psychologist to report on the mental state of the defendant whilst making the necessary recommendations;

 d) Oblige the defendant in order to keep the applicant informed each time that the minors are sick and when they are not attending school;

Saving any other provision that this Court deems fit and opportune;

Civil Court (Family Section)

Madam Jusice Abigail Lofaro, LLD, Dip. Stud. Rel. Mag. Jur. (Eur. Law) 

Sworn Application 216/16 AL

Peppi Gauci

vs

 Deborah Cassar Wheelan

The Court

Having seen the application of Peppi Gauci of the 5th April, 2018,

Orders that the respondent be notified with five working days to file a reply.

Applicant: 361, Triq Għajn Żejtun, Mellieħa

Respondent: Monistaynes, Triq Robert Mifsud Bonnici, Ħal Lija

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals