Court Notices published in Govt. Gazette No. 20,031 of 27th July 2018

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Josmar Pace (KI 519486M) filed an application under oath (No. 164/18AL) demanding Corrections the Act of Birth of the minors Danilson Pace, Shazaya Pace and Zalaya Pace, number 2790/11, 5366/14, 5365/14 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

RITA MANGION

For Registrar, Civil Courts and Tribunals

By a decree of the 4th April, 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 Organisation and Civil Procedure (Cap. 12).

That by the application filed by Kummissarju tat-Taxxi ġja Kummissarju tat-Taxxi Interni on the 6th April, 2017, is asking for the withdrawal of the amount of €385.08 by Kummissarju tat-Taxxi ġja Kummissarju tat-Taxxi Interni deposited by the Schedule of Deposit number 469/2017 in the names of:

Il-Kummissarju tat-Taxxi Interni vs Emanuel Spiteri (ID 18064M)

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

MARVIC FARRUGIA

For Registrar of Courts and Civil Tribunals

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the 19th of July, 2018 (Decree number 95/2018JVC following application number 43/2018JVC) Maria Grech, widow of Loreto Grech, daughter of the late Carmelo Grima and Loreta née Gauci, born in Għajnsielem, Gozo, and residing in Għajnsielem, Gozo, identity card number 14140G, has been confirmed Interdicted from all acts of civil life.

Giovanna Antida Vassallo, housewife, wife of Loreto Vassallo, daughter of the late Loreto Grech and Maria née Grima, born in Għajnsielem, Gozo and residing in Għajnsielem, Gozo, identity card number 61262G, has been nominated as her curator by virtue of the said decree.

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

It is  hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 13th of July, 2018 (Application number 82/2018JVC) by Maryanne Attard and others requested the opening of the Succession of Nazzareno sive Zaren Teuma, was a pensioner, son of the late Guzepp Theuma and Victoria née Zammit, born and who used to reside in Xagħra, Gozo, died in Xagħra, Gozo on the 30th November, 2013. Although the decujus made a will in the acts of the Notary Paul George Pisani on the eighth (8th) of August two thousand and thirteen (2013), he did not nominate any heirs, which opening of succession is to be made in favour of his eight (8) siblings that are still alive, that is, all applicants proprio et nomine that is, Carmelo Teuma, Eucaristico Teuma, Andrea Teuma, Emanuel Teuma, Francis Teuma, Mario Teuma, Theresa Spiteri and Maryanne Attard and in favour of Victoria Spiteri that inherited Victor Teuma who died on the 11th October two thousand and sixteen (2016), where Victor Teuma designated Victoria Spiteri as his universal heir with a will in the acts of the Notary Paul George Pisani dated nineteenth (19th) November two thousand and fourteen (2014) and therefore she acquired the share that he had from the heredity of Nazzareno Teuma, which opening of succession is to be made in equal shares as to one ninth (1/9) undivided share amongst them.

Wherefore, any person who considers to have an interest in the matter is hereby called up-on 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. 

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall on the 3rd July, 2018, on the application of Debono Edward Avukat Dr (ID 592758M) noe, Tuesday, 16th October, 2018, at half past eleven in the morning(11.30 a.m.), has been fixed for the Sale by Auction to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Villa named ‘Is-Sienja’, unofficially numbered in Triq Ras il-Wardija formerly known as Triq San Ġorġ in Wardija, limits of San Pawl il-Baħar, together with the adjacent land measuring 15,800 metres squared. The property is free and unencumbered with all its rights and appurtanances valued at €13,600,000. 

The said tenement is the property of Hili Paul (ID 501758M) et.

N.B. The said tenement will be sold as described in the acts of judicial sales number 14/2017.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

DKR 103/2018 – New Freezing Order

It is being notified that by a decree dated 20th July, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Doreen Clarke, LLD)  Compilation number 450/2018 in the case:

The Police

(Inspector Joseph Xerri)

(Inspector Justine Grech)

Versus

Cliff Borg, 35 years, self-employed, plasterer, son of Carmel and Catherine née Attard born in Tal-Pietà, Malta, on the 18th September, 1982, residing at Number 40, Ħ’Attard, Flat 2,  Triq Ċejlu Tonna, Mosta, Malta, holder of Maltese identity card bearing number 0504382M.

Ordered the attachment in the hands of third parties in general all monies and other movable property due or pertaining or belonging to Cliff Borg 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 and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta. 

The Court Authorized the accused Cliff Borg to receive the amount authorized by law which is thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) on an annual basis provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these monies are taken or the accused themselves may indicate to the Court from which account they are perceiving the money indicated.

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

It is hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 20th of July, 2018, and this after a written plea numbered 126/2018, Ordered:

The correction of the Act of Marriage of Kapil Sarin and Sangita Bery Sarin, bearing number 645 of the year 2018, under the column entitled Particulars of the Wife – Name and Surname”, the words ‘Sangita Bery’ are to be removed from the first line, and replaced by the name ‘Sangita’ only, and in the second line, the maiden surname ‘Bery’ is to be inserted before the surname ‘Sarin’, therefore the second line shall read ‘Bery Sarin’.

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 20th of July 2018, and this after a written plea numbered 124/2018, Ordered:

The correction of the Act of Birth of Victoria Foster, bearing number 4207 of the year 1955, under the column entitled ‘Particulars respecting the child – Name or names by which the child is to be called’, the name ‘Maria’ is to be inserted behind the name ‘Victoria’; and under the column entitled ‘Names Given’ the names ‘Victoria, Maria, Antonia, Elizabeth, Virginia’ are to appear instead of those names listed under this column.

JANET CALLEJA

F/Registrar, Court of Revision of Notarial Acts

Notice in terms of article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

Sworn Application number 41/2018

Application in terms of Article 495A of the Civil Code

Maria Assunta Debrincat, identity card number 30425G; Notary Maria Grima, identity card number 328472M as mandatory of Joseph, Paul, Robert, Denise Myers and Karen Ventose siblings Scicluna who live abroad; Natalie Urpani identity card number 867337M; Giselle Smith and Marguerite Delia, identity card number 603959M and 331667M respectively; Patrick, John and Angela Fleri Soler siblings Delia, identity card numbers 248163M, 224370M and 113165M respectively, Mary sive Mariella Gambina, identity card 599650M number, Carmelo, Emanuel, Paul, Maria Sciberras, and Joseph, Depares siblings, holders of identity card number 186837M, 224340M, 230041M, 588142M and 515842M respectively, and the same Carmel Depares both in his own name and as mandatory of Josephine Depares, Vincent Depares, Maria Vella and Anna Maria Meilak who live abroad holders of identity card number and 4074G respectively along with George Larry Zammit, holder of identity card number 259891M.

vs

Dr Joseph Grech whom by decree dated 25th June, 2018, was nominated Deputy Curator to represent the absent Emanuel Scicluna.

Application of and said Larry George Zammit, identity card number 259891M.

Respectfully submit and the said Larry George Zammit confirms oath and declares that he personally knows the facts:

1. That this present application relates to the following property: The house with the official numbers twenty-eight, twenty-nine, thirty and thirty-one (28, 29, 30, 31), Savina Square, Victoria, Gozo, shown better on the site plan hereby attached and marked as Document A.

2. That this property was originally acquired by Carmelo, Maria Assunta and Nicola siblings Scicluna by virtue of a donation contract in the acts of Notary Francesco Gauci of the 9th April nineteen hundred and eighteen (1918). From these individuals, this property was then inherited, or sold as listed in the attached Document marked B;

3. That by virtue of a promise of sale signed before Notary Maria Grima on the fourteenth (14th) November two thousand and fourteen (2014), the applicant Maria Assunta Debrincat, along with Teresa sive Tessie Scicluna, now dead and who was inherited by the applicant Anna Maria Meilak and Maria Vella obliged themselves to sell this property to the exponent George Larry Zammit at the price of three hundred and forty-four thousand euro (€344,000). It was only when they started making in depth researches on the provenance of the property that it was discovered that the property did not belong exclusively to the proposed vendors.

4. Later, by virtue of another promise of sale dated the twenty second (22nd) of December two thousand and sixteen (2016) Carmel, Vincent, Emanuel, Paul, and Mary Josephine Xiberas all Depares siblings, along with Josephine widow of Alfred Depares obliged themselves to sell the share pertaining to them from the same property mentioned;

5. That the other applicants Nathalie Urpani, Joseph, Paul, Robert, Denise Myers and Karen Ventose siblings Delia, Giselle Smith and Marguerite Delia siblings, Patrick, John and Angela siblings Delia, also accede to this proposed sale and are ready to sign the eventual publication of the deed of sale in favour of George Larry Zammit;

6. That thus only the respondent Emanuel Scicluna failed to adhere to this promise of sale. That this defendant has only the quota of 0.055556 from this property;

7. That the applicants believe that the price originally agreed upon between the sisters Teresa and Maria Assunta Debrincat from one side and George Larry Zammit is to be considered advantageous considering the size of such property, and the state in which the building is currently in, as well as the location in which it is situated, and all the circumstances related to these property as shown in the sworn estimate prepared by the Architect hereby attached and marked as Document C;

8. That the applicant has been trying for a long time to make contact with the respondent but failed to obtain his consent to the proposed sale, because Emanuel Scicluna has left Malta decades ago and during this whole time nobody from Malta was in contact with him;

Therefore, ask the applicants with the respect ask this Honourable Court that, saving the publication of this application in the Government Gazette and other local newspaper in terms of article 495A of the Cap. 16:

1) declares that the price and the conditions originally proposed in the sale of all the shares of the plaintiffs except George Larry Zammit from the property above described to be transferred to the same George Larry Zammit is fair and appropriate and that the same price and conditions shall apply to sale pertaining to the respondent’s share in the property in question;

2)approves the proposed sale, and orders the publication of the deed of sale, even in regard to the share pertaining to the said respondent Emanuel Scicluna, at a day, time and place to be set and therefore appoints Notary Dr Valerie Said to publish the deed of sale, with the intervention of deputy curators to represent the eventual defaulters on the final contract of sale.

The application is appointed for hearing for Thursday 8th November, 2018 

SILVIO XERRI

For the Registrar, Gozo Courts and Tribunals

DKR 1/2015 – Revoked Interdiction

It is being notified that by a decree given by the Court of Criminal Appeal (Mr. Justice Dr Giovanni M. Grixti, LLD) on the 19th June, 2018, after an application filed by Ivan Muscat on the 13th Febraury, 2018, and following judgement given by the same Court (Mr. Justice Dr Michael Mallia, LLD) on the 15th January 2015, in the case in the names:

The Police 

(Asst. Comm. Ian J. Abdilla)

Versus

Ivan Muscat, 41 years, son of Lawrence and the late Claudia née Gauci, born in Ħ’Attard, Malta, on the 16th of November 1976, residing at number 19. Triq Santa Agatha, Żejtun, Malta, and holder of identity card number 579976M.

The Court Revoked the perpetual general interdiction order, which order has cease as from the 19th June, 2018, against the said Ivan Muscat and this according to section 10(6) of Cap. 9 of the Laws of Malta.

This is being published according to section 10(7) of Cap. 9 of the Laws of Malta.

DR JOHN SEYCHELL NAVARRO 

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

Assistant Registrar, Criminal Courts and Criminal Tribunals