Court Notices published in Govt. Gazette No. 20,037 of 10th August 2018

Notice is hereby given that by a decree entered by the First Hall Civil Court on the 3rd day of April, 2018, in the records of the Executive Warrant of Arrest of Sea Vessels over ten metres in length in the names A & J Baldacchino Boatyard Limited (C 17586) vs Tonio Friggieri (ID 3870M), Executive Warrant of Arrest of Sea Vessels over ten metres in length number 390/2018 MCH, the following publication was ordered for the purpose of service of the respondent Tonio Friggieri (ID 3870M) in terms of Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application filed in the First Hall Civil Court, in the names A & J Baldacchino Boatyard Limited (C 17586) vs Tonio Friggieri (ID 3870M) on the 9th day of March, 2018, A & J Baldacchino Boatyard Limited (C 17586) respectfully submitted and confirmed on oath:

That the applicant is in possession of an executive title and wants to enforce the same to the sea vessel hereunder indicated, the execution of which title could be frustrated by the departure of the sea vessel indicated in this application; 

That the executive title is the following: Judicial Letter filed in the Court of Magistrates (Malta) in terms of Article 166A of Cap. 12 of the Laws of Malta, in the names A & J Baldacchino Boatyard Limited vs Tonio Friggieri (Judicial Letter 1193/16) which letter was subsequently rendered executive and a copy of the same is being herewith attached and marked as dDocument A;

That therefore the respondent owes the applicant company the total sum of €10,714.19 … omissis …;

That the details of the said sea vessel are the following:

a. Name: ‘Tramuntana’

b. Identification details of the sea vessel:

(i)  Official number: 12841

(ii) Flag: Maltese

(iii) Call sign: 9HB2065

(iv) Length overall: 13.65 metres

(v) Gross and net tonnage: 20.73

(vi) Built: 1991

c. Place where the sea vessel currently is: In the boatyard of the applicant company A & J Baldacchino Boatyard Limited, Ħal Far Road, Birżebbuġa

d. Authority: Malta Maritime Authority, Xatt l-Għassara tal-Għeneb, Marsa

Therefore, the applicant respectfully requests that this Court orders the issue of an Executive Warrant of Arrest of Sea Vessels against the said sea vessel for the herein mentioned credit and for the costs of this procedure and (1) orders the sale of the said vessel.

Executive Warrant of Arrest of Sea Vessels over ten metres in length.

Republic of Malta

Court Order

Whereas the attached application has been filed and there exist sufficient grounds according to law for the issuance of the order herein contained; 

The Court thus:

Orders the Sale by judicial auction of the vessel indicated in the application;

… omissis …

Orders that the appraisals of the expert/s are to be filed within 10 days;

… omissis …

Given by the Civil Court, First Hall and witnessed by The Hon. Madam Justice Lorraine Schembri Orland, LLD, Doctor of Laws.

Applicant: A & J Baldacchino Boatyard Limited (C 17586) Ħal Far Road, Birżebbuġa

Respondent: Tonio Friggieri (ID 3870M), Theuma Block A, Flat 3, Triq ir-Ranċiż, Munxar, Għawdex

Services: Malta Maritime Authority, Xatt l-Għassara tal-Għeneb, Marsa

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree of the Civil Court (Family Section), entered on the 10th day of July, 2018, in the records of the Sworn Application in the names Viktoriya Yuriyivna Makarevych (ID 576012L) vs Rino Vella (ID 476778M), Sworn Application 195/2017 AL, it was ordered that service upon Rino Vella (ID 476778M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of a Sworn Application filed in the Civil Court (Family Section), in the names Viktoriya Yuriyivna Makarevych (ID 576012L) vs Rino Vella (ID 476778M) on the 11th day of April, 2018, the applicant Viktoriya Yuriyivna Makarevych (ID 576012L) asked this Hounourable Court to:

1. Fix a maintenance sum for the néeds of the minor child of not less than €400 every four weeks or any other adequate sum;

2. Fix a maintenance sum for the néeds of the plaintiff and this of not less than €300 every four weeks or any other appropriate sum;

3. Order that the maintenance sums fixed by this Honourable Court, id est the said maintenance sums for the minor child and the plaintiff, be increased annually according to the cost of living index;

4. Order the defendant to pay half the expenses of health, education and extracurricular activities of the child, and

5. Order the defendant to pay the said maintenance sums by directly depositing the same in a bank account that will be indicated by the plaintiff. 

Notice is hereby given that by a decree of the Civil Court (Family Section), entered on the 13th day of April, 2018, in the records of the abovementioned Sworn Application in the names Viktoriya Yuriyivna Makarevych (ID 576012L) vs Rino Vella (ID 476778M), Sworn Application 195/2017 AL, it was ordered that the above-given Sworn Application be served upon the defendant who shall have five working days from the date of service to file his reply. 

Applicant: Viktoriya Yuriyivna Makarevych (ID 576012L), Carnation Court, Flt 11, Triq Giacint Tua, Gżira

Services: Rino Vella (ID 476778M), Carnation Court, Flt 11, Triq Giacint Tua, Gżira

The Sworn Application in the names Viktoriya Yuriyivna Makarevych (ID 576012L) vs Rino Vella (ID 476778M) was deferred for hearing to the 7th day of November, 2018, at 9.15 a.m.

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 4th day of July, 2018, in the records of the Sworn Application in the names Simone Eve Collett Sammut (ID 407902L) et vs Adam Sammut (ID 70303L) et, Sworn Application 1047/14, it was ordered that service upon Maria Theresa sive Tessa Sammut Mugliett (ID 271075M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application filed in the Court of Appeal (Superior Jurisdiction), in the names Simone Eve Collett Sammut (ID 407902L) et vs Adam Sammut (ID 70303L) et on the 6th day of November, 2017, Simone Eve Collett Sammut (ID 407902L) et respectfully submitted:

That the applicants inform this Honourable Court that on the 28th day of April, 2016, the Civil Court, First Hall entered a judgement in the above-cited names;

That in the abovementioned judgement the court upheld the claims of the plaintiffs and rejected the pleas of the respondents;

That the respondent Adam Sammut filed his appeal on the 18th day of May, 2018, whereas the said judgement has not been challenged by the other respondents;

That the applicants are aware that such a cause takes time to be heard before the Court of Appeal because the nature of the cause is not a fast track one;

That the applicants are primarily concerned for their sister Diana Davis whereas she is undergoing eviction proceedings in England as shown in the attached document dated the 9th day of March, 2017;

That the applicants understand that this Honourable Court has its priorities and such a request should not be made frivolously;

That the applicants already tried to put pressure on the defendants by filing a judicial letter with the number 3379/2016 to seek damages for the losses they are sustaining as shown in the attached document;

That, however, the applicants are concerned for their sister Diana Davis who néeds help as quickly as possible, since her siblings can hardly assist her financially because they have their respective families and therefore, in the light of these facts and also in the light of article 243(2) of Cap. 12 and other articles, the applicants respectfully ask this Honourable Court to fix, if néed be even through the Honourable Civil Court, First Hall, a day and time to hear the parties, and determine whether such a request is justified o meno, and this under all those provisions which this Court deems to be proper in the circumstances.

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 10th day of November, 2017, in the records of the abovementioned Sworn Application in the names Simone Eve Collett Sammut (ID 407902L) et vs Adam Sammut (ID 70303L) et, Sworn Application 1047/14, it was ordered that the application reproduced above be served upon the defendants who shall have one week from the date of service to file their reply. 

Applicants: Simone Eve Collett Sammut (ID 407902L) et

Services: Adam Sammut (ID 70303L), ‘Rosemarie Edith House’, Triq D. Famucelli, Tal-Ibraġ, Swieqi

Maria Theresa sive Tessa Sammut Mugliett (ID 271075M), ‘Rosemarie Edith House’, Triq D. Famucelli, Tal-Ibraġ, Swieqi

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 4th day of May, 2018, in the records of the Sworn Application in the names Sylvana Tanti (ID 366871M) pro et noe vs Noel Tanti, Sworn Application 1/2005 RGM, it was ordered that service upon Noel Tanti be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Sylvana Tanti (ID 366871M) pro et noe vs Noel Tanti on the 12th day of May, 2017, Sylvana Tanti (ID 366871M) pro et noe respectfully submitted:

That the appellant was authorised to file this appeal against a partial judgement by means of a decree of the Honourable Civil Court (Family Section) entered on the 26th day of April, 2016;

That by means of a writ of summons the appellant claimed that given in the abovementioned Application of Appeal;

That the defendant pleaded that quoted in the said Application of Appeal;

That the Honourable Civil Court (Family Section) disposed of the cause by means of a partial judgement dated the 28th day of February, 2017, … omissis …;

That the appellant felt aggrieved by the abovementioned judgement and is humbly filing this appeal; 

That the grievances are clear and manifest and consist of the following: (1) That the Honourable Court of First Instance made a mistaken assessment of the facts when it ruled that the appellant is guilty of the breach of the putative marriage existing between the parties … omissis … since in the records of the cause there is no clear, unequivocal and conclusive evidence to that effect … omissis … That the defendant failed to prove the allegations made by him … omissis … That the defendant failed to prove the adultery antecedent to the breach of the marriage between the parties … omissis …; (2) That the Honourable Court of First Instance failed to decide on one of the outlets part of the community of acquests id est ‘The Champs’ shop in San Gwann which was opened in 1991 and continued to operate during the marriage of the parties, and in its motivation and judgement the Court failed to make any mention to this shop … omissis … That the appellant humbly asks this Honourable Court of Appeal to consider extending the task of the expert appointed by the court to also incorporate the business in San Gwann so that the appellant’s share may be liquidated and assigned to her; and (3) That the Honourable Court of First Instance erred in its assessment of the law and the facts when it ruled that the plaintiff is not entitled to any share of the earnings that the defendant made from the shop...omissis...That the appellant feels aggrieved by this decision for the various reasons that are being raised under this ground. That, firstly, the appellant together with the appellee have the lease of the shop ‘The Champs’ in St Julians by virtue of a contract of lease dated the 8th day of February, 2001, signed by both parties with a certain Maria Perrett … omissis … That, secondly, the appellant together with her husband borrowed money from commercial banks for business … omissis … That, thirdly and without prejudice to the above-given, the applicant respectfully submits that from the evidence it follows that she was not involved in the management or operation of the shop because of reasons independent of her … omissis …

Therefore, the applicant, whilst making reference to the evidence submitted and to other evidence allowed under the law at this stage, respectfully asks this Honourable Court of Appeal to cancel and revoke the judgement entered by the Honourable Court of First Instance on the 28th day of February, 2017, in the names Sylvana Tanti pro et noe vs Noel Tanti and this for the reasons given by the appellant in her appeal application … omissis …

With the costs of both instances against the appellee.

Appellant: Appellant: Sylvana Tanti (ID 366871M) pro et noe, 36, Farsons Street, Ħamrun

Services: Noel Tanti, 37, Spinola Road, St Julians

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 15th day of March, 2018, in the records of the Sworn Application in the names Pietro Blasina (ID 24933A) pro et noe vs Luisa Pedroni Blasina (ID 39090A) et, Sworn Application 1245/2008 JZM, it was ordered that service upon Sara Blasina (Italian ID AK 0743427) and Mirta Blasina (Italian ID AK 7838274) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Pietro Blasina (ID 24933A) pro et noe vs Luisa Pedroni Blasina (ID 39090A) et on the 17th day of May, 2017, Luisa Pedroni Blasina (ID 39090A) respectfully submitted:

That by means of a Sworn Application filed before the Honourable Court of First Instance the plaintiffs, here appellees, claimed as said in the abovementioned Application of Appeal;

That by means of her Sworn Reply, the defendant, now the appellant, pleaded as given in the same Application of Appeal; 

That by means of its Sworn Reply, the defendant company Tokk Limited, pleaded as reproduced in the aforementioned Application of Appeal;

That by means of a judgement entered on the 27th day of April, 2017, the Honourable Court of First Instance ruled as summarised in the said Application of Appeal;

That the applicant felt aggrieved by the decision given by the Civil Court, First Hall id est the judgement entered on the 27th day of April, 2017. That therefore, the applicant, here appellant, is filing this appeal before this Honourable Court, with a view to impugn the aforementioned decision. 

That the substantive grounds of appeal in this present cause are clear and manifest and consist of the following: (i) That the Honourable Court of First Instance erred when it held that the applicant was a prestanome of her husband when the apartment 16, Via Leonardo da Vinci, Sesto San Giovanni, Milan, was acquired and consequently had to pay the heirs of Pietro Blasina a share of the proceeds from the sale of this apartment, and (ii) That the Honourable Court of First Instance erred when it held that there was a balance from the sale of Blaschem (Malta) Limited which had to be repaid by the applicant;

That the abovementioned Application of Appeal narrates in detail the facts of this case;

That the said Application of Appeal then elaborates on each of the above-given grievances id est (i) That the Honourable Court of First Instance erred when it held that the applicant was a prestanome of her husband when the apartment 16, Via Leonardo da Vinci, Sesto San Giovanni, Milan was acquired and consequently had to pay the heirs of Pietro Blasina a share of the proceeds from the sale of this apartment … omissis … That for the reasons given in the same Application of Appeal, the Honourable Court of First Instance erred when it concluded that the apartment in question was paraphernal property of Pietro Blasina and that the defendant Luisa Pedroni Blasina acted as a mandatary prestanome of the said Pietro Blasina. Consequently it follows that there is no money from the proceeds of the sale of this apartment that the applicant shall pay to the appellee/s, and (ii) That the Honourable Court of First Instance erred when it held that there was a balance from the sale of Blaschem (Malta) Limited which had to be repaid by the applicant … omissis … That in view of that recited in the abovementioned Application of Appeal, if one were to deduct the transfers made from the account of the appellant to the joint account of the parties or all the other effected payments which have not been proved to have been misappropriated by the applicant or made behind Pietro Blasina’s back, it should result that the appellant has no money belonging to the appellee/s in her possession, with the result that there is no liquidation of such sums to be made;

Therefore, whilst the appellant refers to all the documents and testimonies exhibited in the records of the cause, and reserves the right to adduce further evidence and testimonies in accordance with the Law, respectfully asks this Honourable Court of Appeal to uphold this appeal and while confirming the judgement under review in the part where it upheld the first and third pleas of the defendant Tokk Limited and refrained from taking further cognizance of the other pleas of the defendant Tokk Limited, and nonsuited the defendant Tokk Limited, cancels, annuls and revokes the rest of the judgement entered by the Civil Court, First Hall on the 27th day of April, 2017, in the names Pietro Blasina pro et noe vs Luisa Pedroni Blasina et, and instead rejects all the claims of the plaintiffs and upholds all the pleas of the appellant Luisa Pedroni Blasina. With the costs of both instances against the appellees.

Appellant: Luisa Pedroni Blasina (ID 39090A), 1, Rocamar, Flt 1, Triq Horatio Nelson, San Pawl il-Baħar

Services: Sara Blasina (Italian ID AK 0743427), Mirta  Blasina (Italian ID AK 7838274) and SCI Tower 98; 28, Shalom, Triq il-Ġifen, Marsaxlokk

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree of the Constitutional Court, entered on the 14th day of June, 2018, in the records of the Application in the names Josephine Azzopardi noe et vs The Hon. Prime Minister et, Application 6/2015 MH, it was ordered that service upon Joseph Bonett be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Constitutional Court, in the names Josephine Azzopardi noe et vs The Hon Prime Minister et on the 27th day of March, 2018, Greta Bartolo Parnis (ID 331365M) respectfully submitted:

That by means of the present action the applicant is requesting as stated in the abovementioned Application of Appeal;

That the defendants pleaded as reproduced in the same Application of Appeal;

That by means of a judgement dated the 9th day of March, 2018, the Honourable First Hall of the Civil Court (Constitutional Jurisdiction) disposed of the above-cited cause by nonsuiting the Prime Minister and the Minister of Justice, Culture and Local Government, and limitedly upholding the claims of the plaintiff and this as better explained in the abovementioned Application of Appeal;

That the applicant felt aggrieved by the above-cited judgement but limitedly in relation to the head/s wherein the remedies provided by the Hon. First Hall of the Civil Court were limited to the declaration of inapplicability of article 12A of Cap. 158 of the Laws of Malta in respect of the occupant of the apartment in question Joseph Bonett and to the settlement of compensation due to the applicant in the sum of twenty thousand euro and is therefore filing this humble appeal from the said parts of the judgement and consequently also in relation to the head of costs;

That the summarised facts of the case are given in the said Application of Appeal;

That the grievances are clear and manifest and consist of the following: (i) The awarded compensation of twenty thousand euro is in no way just, taking into account the loss suffered by the applicant as a result of the violation determined by the Honourable Court of First Instance, and (ii) the Honourable Court of First Instance erred when it limited itself, with reference to the second claim of the plaintiff, to just a declaration … omissis … but should have also moved to order the eviction of the occupants from the same apartment as demanded;

That the abovementioned Application of Appeal then elaborates on the first grievance and deals with the compensation of twenty thousand euro. That firstly it néeds to be noted that it is absolutely not clear from the judgement under review whether the consideration of the Honourable Court of First Instance regarding the liquidation of compensation due to the applicant was limited to the liquidation of moral damage … omissis … In liquidating the sum of twenty thousand euro in this respect the Honourable Court of First Instance considered the cardinal points listed in the aforementioned Application of Appeal;

That the abovementioned Application of Appeal also elaborates on moral damages and material damages. The appellant humbly opines that the Honourable Court of First Instance failed to properly consider the economic damages suffered by the applicant as a consequence of the violation of her fundamental rights and this because, had it fairly and equitably done so, the compensation due to the applicant would have been much and much more than two thousand euro … omissis … That it is therefore clear that, as stated by this Honourable Court, inter alia, in the judgement cited in the said Application of Appeal, the main principle for the liquidation of compensation should precisely be … omissis … restitutio in integrum. It appears that unfortunately this principle was not only discarded but was even completely ignored by the Honourable Court of First Instance … omissis … That it is clear that the Honourable Court of First Instance fully disregarded (without any reason) the exercise provided by the Rules of Court and failed to consider the civil damages actually suffered by the applicant as a consequence of the violation determined by the same Honourable Court of First Instance … omissis … That, as stated in the abovementioned Application of Appeal, it is clear that the liquidation of the said compensation is irrelevant when compared with the requirement of constitutional/conventional procedures to offer an effective remedy. That as noted in the aforementioned Application of Appeal it is clear that the judgement under review contains an error which could have also affected the liquidation of compensation and id est when the Honourable Court of First Instance considered the social purpose of the legislative measure … omissis … ;

That under the first grievance the said Application of Appeal also deals with the liquidation of compensation. That in relation to the liquidation of compensation due and this both with respect to moral damages as well as damages materially suffered by the applicant, it is clear that what the Honourable Court of First Instance had to do was to consider in toto all the evidence collected during the proceedings … omissis …;

That the abovementioned Application of Appeal elaborates in detail on the request for eviction id est the second grievance … omissis … That the applicant opines that this Honourable Court shall consider the facts and all the principles enunciated in the said Application of Appeal in order to uphold the claims of the plaintiff and this by, besides declaring … omissis … ordering the eviction of the respondents from the property and furthermore liquidating a sum that it deems proper and adequate ‘arbitrio boni viri’ … omissis … ; 

Therefore, the applicant respectfully asks this Honourable Court to confirm as equitable and fair the judgement entered by the Honourable Civil Court, First Hall (Constitutional Jurisdiction) on the 9th day of March, 2018, in the above-given names and to cancel and revoke it limitedly … omissis … and also to uphold the second claim of the plaintiff … omissis … with the court costs of this procedure also against the appellee/s.

Appellant: Greta Bartolo Parnis (ID 331365M)

Pepita, Triq il-Baħar l-Iswed, San Ġiljan

Services: Joseph Bonett, 29C, St Julians’ Court, Triq is-Sur Fons, San Ġiljan

The Hon. Prime Minister

The Minister for Justice, Culture and Local Government

The Attorney General, The Palace, Valletta

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

DKR 304/2014 – Variation of a Freezing Order

It is being notified that by a decree dated 2nd January, 2018, given by the Criminal Court  (Mr Justice Giovanni M. Grixti, LLD) following an application filed by Angel Attard on the 05th January 2017, 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 Authorized the accused Angel Attard to continue to pay his home loan in monthly instalments with Bank of Valletta account number 40015573854 from the savings and current accounts held in the name of the said accused.

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 which decree was given on the 22nd May, 2018, from the Criminal Court, 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.

This decree was notified to the Registrar in July 2018.

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 Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 2nd August, 2018, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

Whereas by a decree dated the 2nd August 2018 in the records of the schedule of deposit and concurrent redemption of ground rent number 124/2018 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, upon an application filed by the applicant Advocate Dr Damien Bigeni, Identity Card number 4685G, who acts in his capacity of a mandatory specifically and solely for this purpose of Lewis known as Louis Baldacchino, an employee, identity card number 428467M, whereby it was ordered that a deputy curator to be nominated in terms of law to represent the unknown persons who are entitled to receive the herein mentioned ground rent in the Schedule of deposit and redemption of ground rent, in the names ‘Advocate Dr Damien Bigeni nomine versus deputy curator to represent the unknown persons who are entitled to receive the herein mentioned ground rent in the schedule of redemption of ground rent’, filed on the 2nd August, 2018, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. 

The applicant is the owner of the premises bearing number seventy-seven (77) previously numbered twenty-six and twenty-seven (26 and 27) in Triq Sant’Anton, Xagħra, Gozo, with its own airspace, with its vacant possession and with all its rights and appurtenances; all bordered in red colour on the site plan annexed to the schedule and marked as Document A to the said schedule of deposit;

This premises was acquired by the applicant nomine during his marriage with Maria Baldacchino (from whom he is separated by virtue of a deed in the records of Notary Margaret Heywood Cauchi dated the 4th of September 2014 in terms of which this property was assigned to him) by virtue of a deed in the records on Notary Nicholas Briffa dated the 25th April, 2003; from which deed it results that this property is subject to an annual and perpetual ground-rent of twenty-five Maltese lira cents (Lm0.25c); now equivalent to fifty eight euro cents (€0.58c) and thus amounting to the sum of eleven euro and sixty euro cents (€11.60c) when this ground rent is capitalized at the rate of five percent (5%) as stipulated by law. 

In addition, the applicant nomine is depositing also all the arrears of ground-rent due during the last five (5) years, and is therefore depositing the sum of two euro and ninety euro cents (€2.90c); 

Thus, the applicant in order to exonerate himself of any responsibility is redeeming this ground rent and is humbly calling upon this Honourable Court and under its authority is depositing the amount of eleven euro and forty euro cents (€11.40c) representing the redemption of ground rent and arrears of the ground rent as above explained, which amount can be freely withdrawn by whoever has such right on condition that according to law they tender due receipt. 

Whoever is interested to be nominated as a curator is hereby called upon to call at this Registry within six (6) days and make known their interest through a note declaring therein that they accept such an assignment, and in default, this court will proceed to nominate an official curator.

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

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Paul Coppini, LLD, a Magistrate of the said Court.

Superior Jurisdiction, General Section

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall on the 21st of May 2018, on the application of HSBC Bank Malta plc (C 3177), Thursday, 13 September, 2018, at eleven in the morning (11.00 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.

Flat numbered 7 in Block A, at ‘level six’ forming part of a complex named ‘Garden Apartments’, in Triq il- Port Ruman, Qawra. Included with the apartment is the undivided share pro-rata of the common parts including the entrance door, the entrance, the stairs, entrance hall, stairs to the roof , the lift and its shaft and the water and drainage system, subject to the rights and servitudes due to its relative position. The property is free and unencumbered, with all the necessary permits valued at €240,000.

The said tenement is the property of Fenech Dr Martin et noe.

N.B. The said tenement will be sold as described in the acts of judicial sales number 33/2017.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and 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 1st day of August, 2018, and this after a written plea numbered 129/18, Ordered:

The correction of the Act of Death of Peter Muscat Scerri, bearing number 7 of the year 2018, in the column entitled ‘Particulars respecting the deceased – whether married or unmarried, widower or widow’, the word ‘widower’ is to be cancelled and substituted with the word ‘husband’.

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 1st of August 2018, and this after a written plea Numbered 130/2018, Ordered:

The correction of the Act of Birth of Claire (Marie Claire) Cassar, bearing number 1872 of the year 1971, under the column entitled ‘Particulars respecting the child – Name or names by which the child is to be called’, the words in brackets are to be cancelled together with the brackets, so that the name shall read ‘Claire’;

And under the column entitled ‘Names Given’, the name ‘Marie-Claire’ together with the brackets before and after the name ‘Claire’ are to be cancelled, so that the entry in this column shall read: ‘Claire, Daniela’.

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

DKR 44/2013 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 14th August, 2017, given by the Criminal Court (Malta) – Mr Justice Dr Antonio Mizzi LL.D after an application filed by Angelo Bilocca on the 2nd August, 2017, Bill of Indictment Number 7/2015 in the case:-

The Police

(Inspector Herman Mula)

(Asst. Comm. Dennis Theuma)

versus:

Angelo Bilocca, 38 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, Sigġiewi, Malta, and holder of identity card bearing number 556978M;

and

Priscilla Cassar

The Court authorised the VAT Department to refund the accused Angelo Bilocca as the Director of A & P Limited, the sum of seventeen thousand, two hundred and ten Euros and seventy-three cents (€17,210.73).

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 21st February, 2018, following another variation given by the Criminal Court by a decree dated 20th May, 2015, and published in the Government Gazette on the 1st 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.

This publication is a correction of the publication which was published on the 1st September, 2017, with DKR 252/2010 The Republic of Malta versus Angelo Bilocca, Adama Bagayoko, Abdulaziz Seven and Musa Sangare.

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

By decree given by the Civil Court, First Hall on the 25th of July 2018, on the application of Barclays Bank Plc (C26167), Tuesday, 23rd 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, Republic Street, Valletta of the following property.

Tenement numbered one (1), in Triq il-Karmnu, corner with Triq Ħal Far, Birżebbuġa, free and unencumbered, valued €410,000.

Apartment internally numbered five (5), in a block named ‘Morning Mist Court’ in Triq Massimiljanu Kolbe, Qawra, San Pawl il-Baħar, free and unencumbered, valued €235,000.

Apartment internally numbered six (6), in a block named ‘Morning Mist Court’ in Triq Massimiljanu Kolbe, Qawra, San Pawl il-Baħar, free and unencumbered, valued €220,000.

Apartment internally numbered seven (7), in a block named ‘Morning Mist Court’ in Triq Massimiljanu Kolbe, Qawra, San Pawl il-Baħar, free and unencumbered, valued €265,000.

Apartment internally numbered eight (8), in a block named ‘Morning Mist Court’ in Triq Massimiljanu Kolbe, Qawra, San Pawl il-Baħar, free and unencumbered, valued €245,000.

Tenement numbered 26A in Triq Żonqor, Marsaskala, free and unencumbered, valued €215,000.

Tenement numbered 26B in Triq Żonqor, Marsaskala, free and unencumbered, valued €130,000.

The said tenement is the property of Vella John Mary et (615558M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 34/2017.

RUDOLPH MARMARA

For the Registrar, Civil Courts and Tribunals

By a decree of the 28th May, 2018, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Articles 187 (3) and 338(1) of the Code of Organization and Civil Procedure (Chapter 12).

That by application and a Schedule of set-off filed contemporaneously by J.Zammit Estates Limited (C52422) on the 26th July, 2018, the approval of the said judicial acts is being demanded for the amount of €100 following judicial sale by auction 4/18 in the names J.Zammit Estates Ltd (C52422) vs Loreta Zammit noe et held under the Authority of the said Court on the 25th July, 2018.

According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals