Court Notices published in Govt. Gazette No. 20,067 of 9th October 2018

ARB/C007/2018 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 3rd October, 2018 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Simone Grech LLD). Compilation Number 626/18 in the case: 

The Police 

(Inspector Jonathan Cassar)

(Inspector Mark Anthony Mercieca) 

Versus

DAVIDE BONANNO, 40 years, son of Giuseppe and Rosetta née Torrisi, born in Catania, Sicily on the 31st May, 1978, residing at 60, Santa Rita, Triq Mons. Alfredo Mifsud, Pembroke, Malta and 13, Via Aldo Moro, Aci Sant’ Antonio, Catania, Italy; and holder of Italian identity card bearing number AV 4943059 and Maltese identity card bearing number 184786A. 

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to DAVIDE BONANNO 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 AUTHORISED the said accused to continue to receive as salary and/or social benefits the amount that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year after the accused indicates with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 22A and Section 23A 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. 

THE DIRECTOR, ASSET RECOVERY BUREAU

On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)

By decree given by the Civil Court, First Hall on 1st October, 2018, on the application of Bland Joan Dr sive Yana Mintoff Bland (ID 706451M) et, Tuesday, 20th November, 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.

Garage not officially numbered, marked number 2 in Triq San Franġisk, Fgura, which garage is the second on the right when looking at the facade, underlaying the property of family Chetcuti and their successors bordering from the West with the abovementioned street, from the South with another property of Ellul Alfred or their successors, from the North bordering all the block with property of Arthur Micallef or his successors, subject to inherent, with all its rights and enjoyments, valued at €30,000.

Garage not officially numbered, marked number 4 in Triq San Franġisk, Fgura, underlaying the property of Rose Marie Attard and her successors bordering from the East with the abovementioned street, from the North with the property of Arthur Micallef or his successors and from the South with a garage property of Rose Marie Attard or her successors, forming part of a block consisting of two apartments and two garages named ‘The Cliff’in Triq San Franġisk, Fgura which block was originally a house with no number named ‘Josie’, bordering from the East with the abovementioned street, from the North with property of Arthur Micallef or his successors and from the South with property of Dr Ġużeppi Attard Montalto or his successors, with all its rights and enjoyments, valued at €18,000.

Garage with yard in shell form state unnamed and without number in Triq Ġużeppi Schembri formerly a new road without name which leads to Upper Church Avenue, Ħal Tarxien, underlaying property of others which borders together from North East with the abovementioned street, from South West with property of spouses Bondin and their successors and from the South with property of Alfonso Caruana and his successors, subject to servitudes to the overlaying property to open windows on the yard mentioned and to install the necessarry pipes and drains for drainage, free and unencumbered, valued for €25,000.

Garage with yard in shell form state unnamed and without number in Triq Ġużeppi Schembri formerly a new road without name which leads to Upper Church Avenue, Ħal Tarxien, underlaying property of others which borders together from North East with the abovementioned street, from South West with property of spouses Bondin and their successors and from the South with property of Alfonso Caruana and his successors, subject to servitudes to the overlaying property to open windows on the yard mentioned and to install the necessary pipes and drains for drainage, free and unencumbered, valued for €32,000.

The said tenement is the property of Ellul Alfred (ID1086447M) et.

N.B. The said tenement will be sold as described in The Acts 31/2013.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 1st October, 2018, on the application of HSBC Bank Malta plc (C 3177), Thursday, 22nd November, 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, 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 John Dean Mills (British passport no 033291020).

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

By decree given by the Civil Court, First Hall on the 24th August, 2018,  on the application of Autosales Ltd (C 491), Tuesday, 13th November, 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, Triq ir-Repubblika, Valletta of the following property.

Property named ‘Redentur’, in Sqaq il-Ġerrejja, limits of Triq is-Serkin, Marsa, free and unencumbered valued at €240,000.

The said tenement is the property of Portelli Pauline (ID 275089M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 77/2016.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 25th September, 2018, on the application of APS Bank Limited, Tuesday, 13th November, 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.

Property named ‘St Joseph’, in Triq Carmelo Rosario Dimech formerly known as Triq it-Telleritu in Ħal Ghaxaq valued at €190,000.

The said tenement is the property of Cutajar Emanuel (465365M) et.

N.B. The said tenement will be sold as described in the Acts of Judicial Sales number 13/2017.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 28th August, 2018, on the application of Bank Of Valletta plc (C 2833), Tuesday, 6th November, 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.

Property in shell form numbered 90 at ground floor level in Triq il-Marsa, Marsa. The property underlays third party property and has in common with the overlaying property the drains and drainage system. The property is free and unencumbered with all its rights and appurtenances valued at €65,000.

The said tenement is the property of Mario Micallef (ID 204185M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 47/2016.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 27th September, 2018, on the application of Ciantar Ann Marie (42541A) et, Thursday, 22nd November, 2018, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction to be held at on the first floor, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Maisonette numbered 125 on the first floor with its own airspace, in Triq Annibale Preca, Ħal Lija and garage numbered 15, which forms part of a complex of garages, accessible from an unnamed street, which leads to Triq Annibale Preca, Ħal Lija. The property has a servitude and is valued at €35,000.

The said tenements are property of Dr Anthony Cutajar and PL Liliana Buhagiar nominated Deputy Curators for the absent Elaine Attard Ogilvie and husband Gordon Ogilvie.

The said property will be sold as described in the acts of the File Number 16/12.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 17th September, 2018, in the records of the Warrant of Prohibitory Injunction, in the names Emanuel Micallef vs Clint Zammit, Warrant 1367/18 AE, the following publication was ordered for the purpose of service of the respondent Clint Zammit, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the First Hall Civil Court (Applicant) Emanuel Micallef, self-employed, son of the late Paul Micallef and Paula née Sammut, born in Rabat, Malta and residing in Ħal Qormi (ID 36763M) vs (Respondent) Clint Zammit, in business, son of George Zammit and Emmanuela née Zammit, born in Tal-Pietà and residing in Ħal Balzan (ID 396984M), on the 28 th August, 2018, the applicant Emanuel Micallef (ID 36763M) respectfully pleaded:

That the applicant has an interest to safeguard his rights;

That the applicant in order to safeguard his rights wishes to hold the respondent from selling, alienating, transferring inter vivos both by onerous title or gratuitous, hypothecate or in any other manner burdening any property and in particular every interest which the respondent has on the apartment internally marked number two (2) situated at first floor level and forming part of a block with official number 192 and named Girasole Court previously Sprinkle Light Court in Triq il-Ferrovija l-Qadima, Ħal Balzan, free and unencumbered.

That the applicant who ran the business of cab & mini bus service with various companies reached agreement with the respondent in order to pass on to him the transport business ... omissis ... and this towards the price of one hundred eighty-five thousand euro (€185,000).

That till the 1st March, 2018, the applicant recieved from the respondent the sum of thirty one thousand and thirty three euro and fifty three cents (€31,033.53c).

That on the 18th March, 2018, the respondent returned to the interpellant the three mini-buses above mentioned in a very bad state so much so that they were declared ‘beyond economincal repair’.

That in the meantime the respondent has and till this day is still carrying on the transport work given to him by the applicant but stopped paying the applicant, with the balance due amounting to (€153,966.47c).

That furthermore on the said mini-buses the applicant found various contraventions which were not paid and which the respondent had suffered when he drove the said mini-buses.

That the applicant has already brought forward his claims for the condemnation of payment of the amounts of €153,966.47c and €1,148.33c above mentioned by means of Sworn Application number 723/2018 MCH, in the names Emanuel Micallef vs Clint Zammit appointed for the 16th October, 2018.

That the applicant shall be prejudiced if the respondent is not witheld as stated.

Thus the applicant humbly prays that this Honourable Court order the issuing of a Warrant of Prohibitory Injunction in order that he be witheld from carrying out the things above mentioned.

Confirmed before me under oath after I read its contents and in the presence of as witness of identity and presented by Emanuel Micallef (ID 0036763M).

Republic of Malta

To                         

The Court Marshall

Whereas the above application was presented and there recurr the elements required by law for the under mentioned orders.

Given by the Civil Court with the witness of the Hon. Mr Justice Anthony Ellul, LLD. Doctor of Laws.

Applicant: 

297, Jaguar Garage, Vjal il-Ħaddiem, Rabat, Malta

Respondent:

192, Fl 2, Girasole Court, Triq il-Ferrovija l-Qadima, Ħal Balzan 

Respondent: 

192, Fl 2, Girasole Court, Triq il-Ferrovija l-Qadima, Ħal Balzan

Notify: 

1. Director Public Registry, Casa Bolino, Triq il-Punent, Valletta

 2. Director Lands Registry, Casa Bolino, Triq il-Punent, Valletta

The Application Warrant of Prohibitory Injunction 136/2018 AE, in the names Micallef Emanuel vs Zammit Clint, has been deferred for hearing to the 8th October, 2018, at 10.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 5th December, 2017, in the records of the Sworn Application, in the names Lowell Gemma sive Jennifer vs Lowell Norman George, Application Number 192/17 AGV, the following publication was ordered for the purpose of service of the respondent Norman George Lowell, in terms of Article 187(3) et sequitur of Cap 12.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Gemma sive Jennifer Lowell (ID 557446M) vs Norman George Lowell (ID 621346M) on the 18th August, 2017, the applicant Gemma sive Jennifer Lowell (ID 557446M) asked this Honourable Court:

1. To pronounce and declare the separation between the the parties for grievous reasons imputable to the respondent and uphold the other demands in the application.

With costs, against the respondent summoned so that a reference to his evidence be made

Applicant: 44, Halycon, Triq iż-Żgħafran, Ħ’Attard

Respondent: 7, Ave Maria, Triq il-Plejju, Birkirkara

The Sworn Application in the names Lowell Gemma sive Jennifer vs Lowell Norman George, Application number 192/17 AGV, has been deferred for hearing to Wednesday, 7th November, 2018, at 9.00 a.m.

ADV.FRANK PORTELLI LLD

For the Registrar, Ċivil Courts and Tribunals

AUCTION number 9/2017

By a decree delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 3rd of October 2018 in judicial sale number 9/2017 in re. “APS Bank Limited vs Joseph Spiteri et”, Monday, 19th of November, 2018, at 10.30 a.m. has been scheduled for the sale by auction to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following property:

1. Maisonette number 6, Olive Gardens, Triq Sruġ, Xagħra, Gozo, valued €208,000.

2. Apartments number 18, 22 u 23 forming part of a complex of buildings named Olive Gardens, Triq Sruġ, Xagħra, Gozo, the said complex of buildings is bounded in its entirety on the West by the said Sruġ Street, on the North by property belonging to the successors in title of the Limited Liability Bailiff Properties Limited, on the East by property of the Malteses Goverment and on the South by a passage or other varying bounderies, valued €55,000 (apartment number 18) and €238,000 (apartment number 22 and 23).

This property pertains to Joseph Spiteri, company director, son of Francis and of the late Carmen née Zammit, born in Tal-Pietà, Malta, identity card number 303259M, and his wife Maria Genesia sive Marnese Spiteri, daughter of Joseph Camilleri and Antonia née Buttigieg, identity card number 45860G and both residing at Xaghra, Gozo and this as declared in the acts of the auction mentioned above. The said property will be sold as described in the report sworn to by AIC David Cilia on the 18th of September, 2017.

DANIEL SACCO

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall on 19th September, 2018, on the application of Neofarma Pharmaceuticals Limited (C 47434), Monday, 5th November, 2018, at noon (12.00 p.m.) has been fixed for the sale by auction to be held on the first floor of these Courts of Justice, Republic Street, Valletta of the following items seized from the property of Cauchi Gera John (ID 237549M) et.

Dispensary licence numbered DL 160 issued on behalf Lister Pharmacy valued at four hundred and ninety-two thousand, seven hundred and seventy-two euro (€492,772).

N.B. The said licence will be sold as described in the acts of judicial sales number 9/18.

MARVIC FARRUGIA

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 14 th September, 2018, following a request of Alem Andeberhan Tesfaselase it was ordered that deputy curators be chosen to represent the absent Yhedogo Hapteslase Abay et, in the records of the Sworn Application 243/17 AL, in the names ‘Alem Andeberhan Tesfaselsase vs Deputy Curators’ and in the other relative and subsequent acts.

By means of a Sworn Application, filed in the Civil Court (Family Section) in the names Alem Andeberhan Tesfaselase (ID 0069592A) vs 1) Yhedogo Hapteslase Abay 1) Dr Victor Bugeja and P.L. Liliana Buhagiar who by means of a decree dated 12th December, 2017, were appointed as Deputy Curators to represent the absent Temesghen Habtu Meskel, 2) Dr Noel Bartolo and P.L. Veronica Rossignaud who by means of a decree dated 17th November, 2017, were appointed as Curators to represent the minor ... omissis ..., who was born on the 7th December, 2013, 4) Director Public Registry, on the 8th November, 2017,the applicants humbly asked this Honourable Court:

1. To declare that Tesmesghen Habtu Meskel is not the natural father of the minor ... omissis ... who was born of the applicant on the 7th December, 2013, at Mater Dei Hospital, declare that Yhedogo Hapteslase Abay is the natural father of the minor ... omissis ...  who was born of the applicant on the 7th December 2013, at Mater Dei Hospital, and uphold the other demands in the application, amongst which that the necessary corrections and annotations be made in the birth certificate of the minor as demanded in this application.

With costs, against the defendants or either of whom

Applicant: 

Alem Andeberhan Tesfaselase, Lany, Flat 4, Triq C. De Brockdorff, Msida

Defendants:

1) Yhedogo Hapteslase Abay, 318, Triq D’Argens, Ġżira

2) Deputy Curators to represent the absent Temesghen Habtu Meskel, Courts of Justice, Valletta

3) Deputy Curators to represent the minor ... omissis ..., Courts of Justice, Valletta

4) Director Public Registry, Evans Lab, 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 the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court (Family Section) above mentioned, with the witness of the Hon. Mr. Justice Silvio Meli LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

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 29th August, 2018, following a request of Woodlands Investments Ltd et, it was ordered that deputy curators be chosen to represent the unknown sub-direct owners in the names Woodlands Investments Ltd et vs Deputy Curators and in the relative and subsequent acts.

By means of a Schedule of Deposit, presented in the First Hall Civil Court, in the names Woodlands Investments Ltd (C 54434) Mallia Projects Limited (C 76254) vs Deputy Curators to represent the unknown direct owners, on the 27th August, 2018, the interpellants Woodlands Investments Ltd (C 54434) and Mallia Projectds Limited (C 76254) respectfully pleaded:

1.  That the interpellants had acquired by means of a public deed in the records of Notary Dr Clinton Bellizzi, dated 21st October, 2016, the farmhouse without name indicated with number thirteen (13) in Triq il-Furjana, including two passages which border with it on the South and on the West and this farmhouse and passages form part of the groundfloor tenement called Imsieraħ ix-Xemxi, in San Ġwann, previously indicated as St Julian’s.

2. That this farmhouse as well as the two passages above mentioned are subject to the annual and perpetual groundrent of €2.80c.

3.That instead of this farmhouse a building was built without official number but with the name ‘Porto’ in Triq il-Furjana, San Ġwann, consisting of a complex of garages at basement level, a level overlying maisonettes at groundfloor or rather the first floor which is at the level of Triq il-Furjana, apartments at first floor or rather second floor, apartments at second floor or rather third floor and apartments at third floor or rather fourth floor, as well as penthouses overlying apartments at fourth floor or rather fifth floor spread on two blocks marked ‘Block A and Block B’.

4. That the interpellants wish to avail themselves of the right granted to them in terms of Article 1501 et sequitur of Cap. 16 of the Laws of Malta and redeem the groundrent at the rate fixed by law.

Thus the interpellants wish to avail themselves of the right given to them in terms of Article 1501 et sequitur of Cap. 16 of the Laws of Malta and redeem this groundrent imposed on the building above mentioned without official number with the name ‘Porto’ by depositing under its authority the sum of fifty-six euro (€56) together with the sum of €14 representing payment of groundrent for these last five years in order to be freely withdrawn by the respondents after leaving the due receipt according to law.

Interpellants: 

Woodlands Investments Ltd (C 54434), Boomerang, Triq ir-Ratal, Swieqi

Mallia Projects Limited (C 76254), GT Drive 9, Triq Monsinjur Pawlu Mallia, Gudja

Respondents: 

Deputy Curators

 Notify: 

Director Public Registry, Public Registry, Triq il-Merkanti, Valletta (two services).

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 the 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 Anthony Ellul, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals 

DKR 63/2006 – CANCELLATION OF A FREEZING ORDER

It is being notified that by a decree dated 1st October, 2018, given by the Criminal Court of Appeal (Madame Justice Dr Edwina Grima LL.D) following an application filed by Ċensina Zerafa on the 23rd May, 2016, and following the execution of judgement given by the Criminal Court (Mr Justice Dr Joseph Galea Debono LL.D) on the 28th January, 2010, Bill of Indictment number 31/2007, in the case:

The Republic of Malta 

Versus: 

Joseph Zerafa;

Charles Joseph Francis Camilleri; 

and

Ċensina Zerafa, 39 years, daughter of Carmelo Schiavone and Maria née Desira, born in Tal-Pietà, Malta on the 22nd January, 1979, residing at number 100, ‘Holy Redeemer’, Triq ix-Xerriek, Marsaxlokk, Malta and holder of Maltese identity card bearing number 59579M.

The court ordered the cancellation of the freezing order of all the assets of the said Ċensina Zerafa which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry on the 16th May, 2006, which was duly published in the Government Gazette of the 2nd June, 2006.

This notice is being published according to section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.

DR JOHN SEYCHELL NAVARRO, DIP. HLTH SCIENCE, DIP. MGMT STUD., DIP. NOT. PUB., LLB, LL.D

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 285/2015 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 13th September, 2018, given by the Criminal Court (Malta) as a Court of Criminal Judicature (Madame Justice Honourable Edwina Grima LL.D) after an allocation by HSBC Bank dated 24th August, 2018, Compilation number 4/1995 in the case:

The Police

(Inspector Mario Bartolo)

(Inspector Neil Harrison)

Versus

Tracey Borg, 44 years, disoccupied, daughter of Joseph Borg and Janette née Ciappara, born in Tal-Pietà, Malta on the 18th August, 1974, residing at Flat number 1, ‘Carmen Flats’, Triq Ħal Qormi, Santa Venera, Malta and holder of Maltese identity card bearing number 417574M.

The Court authorised the bank HSBC Bank Malta plc to pass on the sum of three thousand, two hundred and twenty-two euro and seventy-two cents, (€3,222.72), directly to Tracey Borg so that the latter is authorised to withdraw the same said amount.

This variation is made in terms of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta following a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr David Scicluna LLD) on the 15th February, 1995, and published in the Government Gazette, where the Court ordered the attachment in the hands of third parties in general manner, all monies and other movable and immovable property which may be due to or belonging to Tracey Borg.

DR JOHN SEYCHELL NAVARRO

Assistant Registrar, Criminal Courts and Criminal Tribunals (Malta)

DKR 73/2018 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 17th September, 2018, given by the Criminal Court (Madame Justice Dr Edwina Grima LLD) following an application filed by Towfik Shikur Hussein on the 7th September, 2018, Compilation number 288/2018 in the case:

The Police

(Inspector Jonathan Cassar)

Versus

Towfik Shikur Hussein, 27 years, employed, son of the late Hussein and Asme née Shikur, born in Ethiopia on the 30th August, 1991, residing at Vista Flats, Flat 8, Triq l-Arċisqof F.S. Caruana, Msida, Malta and holder of Maltese identity card bearing number 46687A and Maltese Alien’s Passport number 9029225.

The Court authorised the accused Towfik Shikur Hussein to withdraw the sum of two thousand, eight hundred and sixteen euro (€2,816) from the savings account number 033-213786-050 with HSBC Bank Malta plc which sum is to be deducted from his yearly allowance according to law of €13,973.24.

This variation is made in terms Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta in accordance with Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta following a freezing order dated 15th May, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri LL.D) which was published in the Goverment Gazett of the 25th May, 2018, 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 Towfik Shikur Hussein.

DR JOHN SEYCHELL NAVARRO, DIP. HLTH SCIENCE, DIP. MGMT STUD., DIP. NOT. PUB., LLB, LL.D 

Assistant Registrar, Criminal Courts and Criminal Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 29th August, 2018, Application number 1299/2018 by Charlot Pulis whereby he prayed that it be declared open in his favour the succession of his father Laurence Pulis, widow of Maria Dolores Mifsud, son of Joseph Pulis and Mary Anne Pulis née Scicluna, born in Cospicua, Malta, resided in Birżebbuġa and died in Bow Bowing, Australia, on the 16th February, 2018, aged 60 and who held the identity card bearing number 0272457M. 

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 a decree of the 4th June, 2018, in the records of the judicial letter number 1014/18, in the names J. Zammit Limited vs Andrew John Callaway et, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Andrerw John Callaway (ID 146467A) and Claire Callaway (passport number 210534668), on the 12th April, 2018, J. Zammit Limited (C 37945), solicits you calls upon you so that within two days you pay the sum of €5,522.75 representing the amount due for bills of exchange number 1 to 25, a copy of which are here attached, duly signed by you according to the contract dated 4th January, 2016 (attached and marked as Doc. A) regarding the sale (hire-purchase) of the vehicle of type Peugeot 207 SW with registration number IBM 501.

This letter is being made for all the purposes and effects of law, and particularly and not exclusively, to render the abovementioned bills of exchange executable in terms of article 253(e) of Cap. 12 of the Laws of Malta.

The interpellant company warns you that if you fail to pay within the time given to you, it will have no alternative but to proceed further against you according to law.

In terms of proviso of artricle 253(e) of Cap. 12 of the Laws of Malta, you are being warned that if the signature on the said attached bills of exchange is not yours or of your mandatary, and if grave and valid reasons exist according to law, you have the right to oppose the execution of the said bills of exchange by means of an application filed withing twenty days from the day of notification to you of this judicial letter. In default the same bills of exchange will become executive title.

With costs, and interest at eight per cent (8%) which will run from the date of each bill of exchange, and reserving further interest till the date of effective payment.

Interpellant company:

J. Zammit Limited, Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta

Respondents: 

Andrew John Callaway, Petite Fleur, Triq il-Perit Ġużeppi Farrugia, Siġġiewi SGW 2131

Maryland, Triq Patri Indrì Schembri, Ħal Luqa LQA 1885

Claire Callaway, Petite Fleur, Triq il-Perit Ġużeppi Farrugia, Siġġiewi SGW 2131.

Maryland, Triq Patri Indrì Schembri, Ħal Luqa LQA 1885

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 4th June, 2018, in the records of the judicial letter number 960/18, in the names J. Zammit Limited vs Simon Bell et, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Simon Bell (ID 335013L) and Cazzandra Bell (ID 116005A), on the 9th April, 2018, J. Zammit Limited (C 37945), solicits you calls upon you so that within two days you pay the sum of €2,618.22 representing the amount due for bills of exchange number 22 to 32, a copy of which are here attached, duly signed by you according to the contract dated 6th May, 2015 (attached and marked as Doc. A) regarding the sale (hire-purchase) of the vehicle of type BMW 5 Series with registration number IBM 635.

This letter is being made for all the purposes and effects of law, and particularly and not exclusively, to render the abovementioned bills of exchange executable in terms of article 253(e) of Cap. 12 of the Laws of Malta.

The interpellant company warns you that if you fail to pay within the time given to you, it will have no alternative but to proceed further against you according to law.

In terms of proviso of artricle 253(e) of Cap. 12 of the Laws of Malta, you are being warned that if the signature on the said attached bills of exchange is not yours or of your mandatary, and if grave and valid reasons exist according to law, you have the right to oppose the execution of the said bills of exchange by means of an application filed within twenty days from the day of notification to you of this judicial letter. In default the same bills of exchange will become executive title.

With costs, and interest at eight per cent (8%) which will run from the date of each bill of exchange, and reserving further interest till the date of effective payment.

Interpellant company: 

J. Zammit Limited, Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta

Respondents: 

Simon Bell, 10, Chelsea Court, Flat 2, Triq Sir Luigi Camilleri, Tas-Sliema, Malta

Cazzandra Bell, 10 Chelsea Court, Flat 2, Triq Sir Luigi Camilleri, Tas-Sliema, Malta

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 29th August, 2018, Application number 1303/2018 by Giuseppa sive Josephine Aquilina et whereby they prayed that it be declared open in favour of the same Giuseppa sive Josephine Aquilina in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Joseph Charles Aquilina the succession of Francis Aquilina, husband of the applicant Giuseppa sive Josephine Aquilina, son of the late Giuseppe sive Joseph Aquilina and Angela née Cassar, born in Siġġiewi, resided in Siġġiewi and died in Tal-Qroqq, Msida on the 30th March, 2018, aged 56 and who held the identity card bearing number 444461M. 

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

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 2nd of October, 2018, and this after a written plea Numbered 156/2018, ordered:

The correction of the Act of Birth of Alexander Louis Pierre Sansone, bearing number 6905 of the year 2017, under the column entitled “Particulars respecting the child – Name or names by which the child is to be called”, the words “Louis Pierre” are to be deleted.

JANET CALLEJA

Deputy Registrar, Court of Revision Of Notarial Acts

By means of a decree, given by the First Hall Civil Court, on the 11th July, 2018, in the records of the Application in the names Commissioner for Revenue vs Franz Thurner Christian application number 151/2018 LM, the following publication was ordered for the purpose of service of the respondent Franz Thurner Christian, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the First Hall Civil Court, in the names Commissioner for Revenue vs Franz Thurner Christian, on the 20th February, 2018, the applicant Commissioner for Revenue respectfully pleaded:

That Council Directive No 2010/24 /EU, namely the Mutual Assitance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State who are present in another Member State’s territory and other measures;

That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Legal Notice came into force on the 1st January, 2012, and which permits the Minister responsible for Finance, as the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;

That in terms of the mentioned Directive, the competent authority of Austria, or rather the applicant authority has made a claim for assistance to the applicant Commissioner for Revenue, acting on behalf of the Minister responsible for Finance, so that the applicant recovers tax that is owed to the applicant authority;

That the respondent owes tax to the Austrian applicant authority in the amount of four thousand, nine hundred and ninety-one euro and forty-nine cents (€4,991.49) as results from the Uniform Enforcement Instrument here attached and marked as Doc. A together with interest due by law. The said annexed document refers to the amount originally due by the respondent;

That the respondent has been indicated as being present in Malta and thus applicant is proceeding to recover the mentioned amount since the said debt is deemed to be owed to the applicant Comissioner for Revenue, in terms of Article 9 of the mentioned Legal Notice;

That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery;

That furthermore, the respondent has a right to a translation of Doc. A and into any one of the official languages of the European Union or of the requested Member State if available. A document is being hereby attached and marked as Doc. B to inform the respondent that a translation may be requested within seven (7) days of service of the same document.

To that extent thus and in view of the above the applicant respectfully requests that this Honourable Court in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, in the first instance it orders a copy of this application together with the documents hereby attached and marked as Doc. A and Doc. B be notified to the respondent according to the relevant provisions of Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the same Doc. A as official copy of the same, so that said document constitutes an executive title.

List of Documents:

Doc. A: ‘Uniform Enforcement Instrument’ issued by the requesting authority of Austria

Doc. B: Document in virtue of which the respondent is being informed of his right to ask for a translation of Doc. A

Applicant:

Commissioner for Revenue, Inland Revenue Department, Floriana FRN 0170

Service: 

51, ‘Ismay’ Flat 2, Dawret ix-Xatt, Xgħajra XJR 1200

 ADV. FRANK PORTELLI, LLD

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 3rd July, 2018, following a request of David John Farrugia, it was ordered that deputy curators be chosen to represent the unknown direct owners in the records of the Schedule umber 1243/2018, in the names David John Farrugia vs Deputy Curators and in the relative and subsequent acts.

By means of a Schedule of Deposit, filed, in the First Hall Civil Court, in the names David John Farrugia, carpenter, son of Joseph Farrugia and Anne née Micallef, born in Paramatta, New South Wales, in Australia, resident in Australia, holder of driving license number 5488AJ vs Deputy Curators appointed to represent the direct owners, on the 28th June, 2018, the interpellant David John Farrugia (driving licence number 5488J) respectfully pleaded:

That the interpellant David John Farrugia, acquired from Antonia Carmen sive Carmen Micallef, the premises and namely the house with two entrances and doors with official numbers forty-two (42) and forty-four (44) in Triq Patri Magri, Marsa, subject to the annual and perpetual groundrent of six euro and twenty-seven cents (€6.27) otherwise free and unencumbered with all its rights and appurtenances, which the interpellant acquired by title of donation by a contract of the 22nd June, 2006, in the records of Notary Edward Flores, as stated in this Schedule.

That the directus dominus and the sub-directus dominius or their successors in title are unknown.

Thus, the interpellant is availing himself of the provisions of Art. 1501 of the Civil Code (Cap 16) and redeeming this groundrent by depositing the sum of €125.40c which together with the sum of €33.50c represent five years (5) arrears of groundrent, which amount to €158.90c imposed on the premises above described under the authority of this Court, so that the same be freely withdrawn according to law after the due receipt according to law is left.

Interpellant: 

42-44, Triq Patri Magri, Marsa

Service: 

1. Deputy Curators, Courts of Justice, Valletta

2. Direrctor Public Registry, Public Registry, Valletta

3. Land Registrar, Casa Bolino, 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 the execution of this Bann you are to inform forthwith this Court.

Given by the Civil Court First Hall abovementioned with the witness of the Hon. Mr Justice Joseph R. Micallef, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals 

By means of a decree of the 13th August 2018 in the Court of Magistrates (Malta) in the records of the judicial letter number 1874/18 in the names Bank of Valletta p.l.c. vs Kenneth Spiteri, 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 Kenneth Spiteri (ID 532685M) of Alof Court, Block A, Flat 4, Triq il-Mastrudaxxi, Santa Venera, on the 26th June, 2018, Bank of Valletta p.l.c. of 1/5 Misraħ San Ġorġ, Valletta, VLT 1190, calls upon you so that within two days you pay the sum of €2,568.97 balance of debt in your Loan Account with Bank of Valletta p.l.c. together with further interests from the 3rd May, 2018, 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

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 28th of September, 2018 (Application number 113/2018JVC) Reverend Canon Father Ġużepp Tabone and others requested the opening of the succession of Maria Tabone, widow of Carmelo Tabone, pensioner, daughter of the late Lorenzo Camenzuli and Annunziata née Cassar, born and who used to reside in Għarb, Gozo, and who died in Victoria, Gozo, on the twenty-third (23rd) of January two thousand and seventeen (2017), intestate, and which opening of succession is to be made in favour of her two children Reverend Canon Father Ġużepp Tabone and Elizabeth Portelli as to one half (1/2) undivided share between them.

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. 

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 13th September, 2018, Application number 1376/2018 by Julian Micallef et whereby they prayed that it be declared open in his favour in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of his children Martin Micallef, Lee Anthony Micallef, Deborah Borg, Emanuela Farrugia and Natasha Vassallo Micallef in equal shares between them the succession of Carol Micallef, wife of the applicant Julian Micallef, daughter of Joseph George Plumley and Cissie Irene née Barrett, born in Cardiff, Wales, resided inSt Julian’s, and died in Cardiff, Wales, on the 12th December, 2012, aged 60 and who held the identity card bearing number 104501L. 

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 Civil Court of Voluntary Jurisdiction Section, on the 29th August, 2018, Application number 1298/2018 by Charlot Pulis whereby he prayed that it be declared open in his favour the succession of his mother Maria Dolores Pulis, widow of Laurence Pulis, daughter of Carmel Mifsud and Josephine Mifsud née Abdilla, born in Birżebbuġa, Malta, resided in Birżebbuġa and died in Bow Bowing, Australia, on the 16th February, 2018, aged 57 and who held the identity card bearing number 0277060M. 

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 a decree given by the First Hall Civil Court, on the 29th August, 2018, in the records of the Sworn Application in the names Schembri Alfred vs Schembri Johann et, application number 676/18 SM, the following publication was ordered for the purpose of service of the respondent Johann Schembri (ID 556577M), Jocas Limited (C 66963) and Soutwin Properties Limited (C 40933) in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed in the First Hall Civil Court (applicant) in the names Alfred Schembri (ID 459490M) vs 1. Johann Schembri (ID 556577M) 2. Jocas Limited (C 66963) 3. Soutwin Properties Limited (C 40933) on the 26th June, 2018, the applicant Alfred Schembri (ID 459490M) asked this Honourable Court:

1. To declare, with the assistance of an Architect to be appointed, that the defendants or either of them failed to pay their relative contractual obligations for a contract of works concluded between the parties relative to the block of apartments with the name ‘Żebbuġa Court’ in Triq is-Sienja, Żurrieq and thus they are responsible for the damages in his regard and uphold all the other demands in the application.

With costs, as demanded in the application against the defendants or either of whom, the respondents Johann Schembri and the representative of the defendant companies are summoned so that a reference to their evidence be made.

Notify Defendants: 

Johann Schembri et, 12 ‘Spring’ Triq il-Bisqallin, Żejtun

The Sworn Application in the names Schembri Alfred vs Schembri Johann et, Application number 676/18 SM, has been deferred for hearing to Tuesday 13th November, 2018, at 9.00 a.m.

Reġistry of the Superior Courts, today 5th October, 2018

ADV. FRANK PORTELLI LLD.

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 30th August, 2018, the publication of the following extract was ordered for the purpose of effecting service on the Alexia Grima in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12).

By means of an application filed on the 6th January, 2017, in the records of judicial letter 166A number 3081/2011 in the names Sergio Sciberras (ID 96071M) vs Alexia Grima (ID 418982M), whereby Sergio Sciberras respectfully pleaded and confirmed on oath:

By means of a judicial letter in terms of Article 166A filed on the 2nd August, 2011, bearing reference number 3081/2011 in the names above mentioned, which letter was rendered executable on the 8th November, 2011, against the respondent, the applicant was declared creditor of the respondent in the amount of €1,152.09 with costs and interest against the same respondent.

The debt above mentioned is still due by the respondent to the applicant in its totality and since more than five years have passed from the date of execution of the said judicial letter, the authorisation of this Honourable Court is required so that the applicant can execute the executive title obtained by him.

Thus, the applicant company humbly requests that this Honorable Court to authorise the execution of the executive title obtained by means of the judicial letter number 3018/11 by the applicant against the respondent, saving any other order that this Honourable Court deems fit and opportune.

In the Court of Magistrates (Malta)

Magisrate: Dr Marseanne Farrugia, LLD

Notice Number 2/17MLF

Sergio Sciberras 

vs

Alexia Grima 

The Court,

Saw the application of Sergio Sciberras dated 6th January, 2017;

Orders the notification to the respondent who has (10) days from the day of notification to submit a reply. 

Applicant: 

Sergio Sciberras, Ta’ Sergio, Triq Prof. Carmelo Coleiro, Ħandaq Industrial Estate, Ħal Qormi

Respondent: 

Alexia Grima, 14, Triq Dun Karm Fenech, Ħal Għargħur

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 29th August, 2018, Application number 1301/2018 by Thomas Briffa whereby he prayed that it be declared open in his favour the succession of his mother Concetta Briffa, widow of Anthony Briffa, daughter of the late Tommaso Cassar and Maria Anna née Farrugia, born in Paola, Malta, resided in Paola and died in Tal-Qroqq, Malta on the 6th January, 2018, aged 92 and who held the identity card bearing number 0343225M. 

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 Court of Magistrates (Malta) of the 25th June, 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).

William England (ID 306574M) as administrator of Madliena Village Owners Association – Phase I of Apartment 8001, Madliena Village, Triq il-Fortizza, Madliena filed a Claim on the 10th April 2018, whereby he asked the Court to condemn Pierre Faure of Apartments 707 & 708, Madliena Village, Triq il-Fortizza, Madliena, to pay the plaintiff company the sum of €8,545.00 which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice Number 88/18SG) is deferred to the 5th November, 2018, at 9.00a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 27th July, 2018, in the records of the judicial letter number 1776/18, in the names Joseph Brincat et vs Jean Paul Chetcuti, ordered the following publication for the purpose of effecting service on the respondent Jean Paul Chetcuti, in terms of Article 187(3) of Cap. 12.

In the Courts of Magistrates (Malta) 

To Jean Paul Chetcuti (ID 305486M) of Rojean, Triq Mons. Mikiel Azzopardi, Mosta.

By means of this present Joseph Brincat (ID 200160M), Maria Dolores sive Doriette Brincat (ID 158060M), Vincent Pellicano (ID 603262M) and Janita Pellicano (ID 395963M), of 246, Triq Fleur-de-Lys, Birkirkara, make reference to the lease agreement dated 8th April, 2017, by means of which the applicants gave by title of lease the premises Petits Four Confectionery, in Triq Fleur-de-Lys, Birkirkara subject to the terms and conditions therein stipulated, and solicit you so that within two weeks from the notification of this judicial letter (1) you pay the amount of €1820 representing the payment of three months rent for the period from the 9th April, 2018 till the 8th July, 2018, which installment was due on the 8th April, 2018; (2) pay the amount of €190 representing the bills for the rent of water and electricity meter paid by the interpellants and which is due by you in terms of clause 8 of the said agreement; and (3) comply with clause 6 of the same private writing by issuing an insurance policy as therein mentioned.

In case you do not comply with the above within the time given to you, the interpellant will proceed further against you for the termination of the lease as stipulated in clause 10 of the lease agreement.

So much for your own guidance.

With costs and legal interest till the effective payment, and reserving further rights that the interpellants have against you in terms of the lease agreement.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 8th June, 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).

Vodafone Malta Limited (C 10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000 filed a Claim on the 6th June, 2018, whereby they asked the Tribunal to condemn Bjorn Borg (ID 83283M) of Seaview, Flat 2, Triq il-Qawra, St Paul’s Bay, to pay the plaintiff company the sum of €2,267.92 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 254/2018KCX) is deferred on the 15th October, 2018, at 1.00p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 24th July, 2018, in the records of the judicial letter number 1852/18, in the names Dr Michelle Tabone et noe vs Attorney General of the Republic, the First Hall of the Civil Court ordered the following publication in terms of Article 187(3) of Cap. 12 for the purpose of effecting service on the respondent Clemenet Gauci.

In the First Hall of the Civil Court

To The Attorney General of the Republic

Clement Gauci (ID 689045M) of 62, Rozol, Triq il-Knisja l-Qadima, Birkirkara.

By means of this present Dr Michelle Tabone (ID 138371M) as Bursar of his Excellency Monsignor Charles J. Scicluna, Bishop of Malta, Administrator of the Ecclesiatical Diocesan Entities of Malta, for and on behalf of the Confraternity of Charity, as owner of the premises 75 in Triq San Pawl, Valletta, reiterates and restates that this lease is null and void according to law because it breaches its right to property as safeguarded in the Constitution of Malta and the European Convention of Rights, since the premises are leased for the negligible amount of €93.17 per year when the rental value surpasses thousands of euros per year and so, the interpellant nomine is being deprived of its right to its property as safeguarded by the Constitution of Malta and the European Convention of Rights.

Thus the interpellant nomine solicits you so that immediately and without delay time you come forward – in terms of Article 37 of the Constitution of Malta and Article 1 of the Protocol 1 of European Convention of Rights and also as Article 41 of the same European Convention of Rights – you make good for the real and moral damages as a result of the breach of its fundamental rights and this when in terms of Maltese law – and namely but not exclusively in terms of the Civil Code, Cap. 16 of the Laws of Malta and Cap. 69 of the Laws of Malta – the interpellant nomine is being deprived and denied its enjoyment of the property in breach of its rights as a result of the aforementioned lease. Since she has been obliged to renew the lease in terms of law, at a negligible rent, such that the tenant Clement Gauci is occupying the premises in an abusive and illegal manner and in breach of the same constitutional and conventional rights of the interpellant nomine such that a disproportion has been created in the protection of the rights of the interpellant nomine in the sense that they are not receiving adequate compensation in line with the rental value of the premises in question and this besides the forced occupation of the premises as above explained. 

Should you fail to come forward for the liquidation and payment of damages and the eviction from the premises, you are being warned that it will proceed for the declaration of a breach of its fundamental rights with the forced occupation which the law created and also as a result of the lack of fair compensation in disproportion to its rights as owner and also for the discrimination which the law created in its regard and for the liquidation and payment of damages and the making good of the real and moral damages it suffered such that it is fairly compensated for the breach of such fundamental rights, including the eviction from the premises. 

So much for your own guidance and so that you avoid further useless costs and useless complications.

Applicant: 

Dr Michelle Tabone nomine – Archbishop’s Curia, Floriana

Notification: 

1) The Attorney General of the Republic

2) Clement Gauci – 62, Rozol, Triq il-Knisja l-Qadima, Birkirkara

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 3rd of October, 2018 (Application number 117/2018JVC) Fortunata Pisani and others requested the opening of the succession of Giuseppe sive Joseph Portelli, widower of Agatha née Mizzi, was a pensioner, son of the late Fortunato Portelli and Concetta née Zammit, born in Xagħra, Gozo and who used to reside in Fontana, Gozo, and who died in Rabat, Gozo, on the thirtieth (30th) of March two thousand and eighteen (2018), testate which will in accordance with the acts of Notary Dr Paul George Pisani dated second (2nd) of March of the year one thousand nine hundred and eighty-nine (1989) is inter alia, and which opening of succession is to be made in favour of his seven children in the following shares: one seventh (1/7) undivided share in favour of Fortunata Pisani; one seventh (1/7) undivided share in favour of Victoria sive Vicky Vella; one seventh (1/7) undivided share in favour of Maria Concetta sive Concetta Piscopo; one seventh (1/7) undivided share in favour of Carmen sive Carmena Cassar; one seventh (1/7) undivided share in favour of George Portelli, one seventh (1/7) undivided share in favour of Reverend Father Marcell Portelli and one seventh (1/7) undivided share in favour of Maria Zammit.

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. 

Voluntary Jurisdiction

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By a decree of the Small Claims Tribunal of the 22nd 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).

William England (ID 306574M) as administrator of Madliena Village Owners Association – Phase I of Apartment 8001, Madliena Village, Triq il-Fortizza, Madliena, filed a Claim on the 10th April, 2018, whereby he asked the Tribunal to condemn Francis Brincat of Il-Bejta, 6, Triq Sant’Anġlu, St Julian’s, to pay the plaintiff company the sum of €3,000.71 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 137/18PA) is deferred on the 31st October, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 4th July, 2018, in the records of the Application in the names HSBC Bank Malta plc (C 3177) vs Bezrod Limited (C 38102) Application number 526/18 RGM, the following publication was ordered for the purpose of service of the respondent company Bezrod Limited, in terms of Article 187(3) et sequitur of Cap 12.

By means of an Application, filed in the names HSBC Bank Malta plc (C 3177) vs Bezrod Limited (C 38102) on the 25th May, 2018, the applicant company HSBC Bank Malta plc in terms of Article 258(c) of Cap. 12 of the Laws of Malta respectfully pleaded:

That by means of a contract of constitution of debt, in the records of Notary Reuben Debono, of the 22nd April, 2013, the applicant company was confirmed a debtor of the applicahnt company in the amount of €262,988.58, saving legal interests till the date of effective payment;

That despite the passage of a number of years from the date of the abovementioned contract and despite of a number of payments, there is still a balance due to the applicant company;

That there passed more than five years from the date of the said contract and the applicant company by means of the present is asking for authorisation of this Honourable Court in terms of Article 258(c) of Cap. 12 of the Laws of Malta, in order to execute the same title against the respondent for the balance still due.

Thus the applicant company respectfully prays that this Honourable Court authorises the applicant company to pass for the execution of the same executive title since their passed more than five years from the date of the same contract and the debt is not all settled in terms of Article 258(c) of Cap. 12 of the Laws of Malta.

Applicant: 

32, Triq il-Merkanti, Valletta

Notify: 

Bezrod Limited, Triton, Flat 3, Triq il-Qawwara, Marsaskala

The Applicant in the names HSBC Bank Malta plc vs Bezrod Limited, the Application number 526/18 RGM, has been deferred for hearing to the 8th November, 2018, at 9.25 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar,Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 24th September, 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).

Wotomoto Limited (C 76475) of Toyota Showroom, Triq l-Imdina, Ħaż-Żebbuġ, filed a Claim on the 17th May, 2018, whereby they asked the Tribunal to condemn Melchisedek Gusman (ID 325390M) of Rainbow Court, Flt 3, Triq Azzopardi, Marsa, to pay the plaintiff company the sum of €1,579.60 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 221/18PM) is deferred on the 31st October, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree given on the 4th October, 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 judgement given by Arbitration Tribunal of Inheritance, on the 9th February, 2012, on application number 05/05 DC in the names Sacco Carmelo (ID 856735M) et vs Sacco Victor (ID 636345M) et and by decree given on the 4th July, 2018, by Civil Court, First Hall, 18th October, 2018, at half past ten in the morning (10.30 a.m.) has been affixed for sale to be held on the on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

The property numbered eighty-nine slash ninety-three (89/93) previously numbered seventy-seven slash seventy-nine (77/79) in Triq San Benedittu, Ħal Kirkop valued at eighty-three thousand, eight hundred and fifty-seven euro and forty-four cents (€83,857.44);

The property numbered ninety-one (91) previously numbered seventy-eight (78) in Triq San Benedittu, Ħal Kirkop valued at sixty-nine thousand, eight hundred and eighty-one euro and twenty cents (€69,881.20);

Half undivided share of property, numbered one hundred and fifteen (115) previously numbered eighty sixth (86), named “St Helen”, in Triq San Benedittu, Ħal Kirkop valued at forty-four thousand, two hundred and fifty-eight euro and ten cents (€44,258.10);

Property numbered one hundred and seventeen (117) previously numbered eighty-seven (87) in Triq San Benedittu, Ħal Kirkop valued at one hundred and seventy-four thousand, seven hundred and three euro (€174,703);

Property numbered three (3) in Triq iż-Żebbiegħ, Ħal Kirkop valued at eighty-one thousand, five hundred and twenty-eight euro and seven cents (€81,528.07);

The fields known as Tal-Midri in Triq San Ġwann, Żurrieq measuring approximately thirteen thousand, two hundred and twenty-two square meters (13,222ms) valued at two hundred and seventy thousand, two hundred and eight euro (€270,208).

The said tenements are property of Sacco Carmelo (ID 856735M), Zammit Catherine (ID 839037M), Schembri Carmela (ID 223932M), Camilleri Francesca (ID 236147M), Ciantar Maria Assunta (ID 703948M), Sacco Victor (ID 636345M), Sacco Alfred (ID 391366M), Sacco Joseph (ID 391366M), Sacco Mario (ID 115463M), Saliba Camela (ID 526953M), Calleja Antonia (ID 508354M), Sacco Leonard (ID 317956M), Sacco Bartolomeo (ID 92258M), Sacco Diane and Sacco Josephine heirs of Salvatore Sacco, Sacco Suor Maria (pass. no 443591), Zammit Catherine (839037M), Sacco Jimmy (ID 59474M) and Sacco Paul (ID 455559M).

N.B. The said tenement will be sold as described in the Acts of Judgement given on the 9th February, 2012, and the Judicial Sales Act 28/16.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By a decree given on the 4th October, 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 judgement given by Arbitration Tribunal of Inheritance, on the 9th February, 2012, on application number 05/05 DC in the names Sacco Carmelo (ID 856735M) et vs Sacco Victor (ID 636345M) et and by application filed in Civil Court, First Hall on the 26th May, 2017, file no 28/16 in the names Sacco Carmelo (ID 856735M) et vs Sacco Victor (ID 636345M) et is requesting the sale of the following property:

The property numbered eighty-nine slash ninety-three (89/93) previously numbered seventy-seven slash seventy-nine (77/79) in Triq San Benedittu, Ħal Kirkop;

The property numbered ninety-one (91) previously numbered seventy-eight (78) in Triq San Benedittu, Ħal Kirkop;

Half undivided share of property numbered one hundred and fifteen (115) previously numbered eighty-sixth (86), named “St Helen”, in Triq San Benedittu, Ħal Kirkop;

Property numbered one hundred and seventeen (117) previously numbered eighty-seven (87) in Triq San Benedittu, Ħal Kirkop;

Property numbered three (3) in Triq iż-Żebbiegħ, Ħal Kirkop;

The fields known as Tal-Midri in Triq San Ġwann, Żurrieq measuring approximately thirteen thousand, two hundred and twenty-two square meters (13,222ms).

The said tenements are property of Sacco Carmelo (ID 856735M), Zammit Catherine (ID 839037M), Schembri Carmela (ID 223932M), Camilleri Francesca (ID 236147M), Ciantar Maria Assunta (ID 703948M), Sacco Victor (ID 636345M), Sacco Alfred (ID 391366M), Sacco Joseph (ID391366M), Sacco Mario (ID 115463M), Saliba Camela (ID 526953M), Calleja Antonia (ID 508354M), Sacco Leonard (ID 317956M), Sacco Bartolomeo (ID 92258M), Sacco Diane and Sacco Josephine heirs of Salvatore Sacco, Sacco Suor Maria (pass. no 443591), Zammit Catherine (839037M), Sacco Jimmy (ID 59474M) and Sacco Paul (ID 455559M).

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

NOTICE BY THE REGISTRY OF THECIVIL COURT, FIRST HALL

Whereas Ali Aburukba noe (ID 0170981A) filed an application under oath (No. 966/2018/LSO) demanding correction in the act of birth no: 4946/2012 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,

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals