Court Notices published in Govt. Gazette No. 20,086 of 13th November 2018

By a decree of the 7th November, 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 article 338 (1) of the Code of Organization and Civil Procedure (Cap. 12).

That by application and a Schedule of set-off filed contemporaneously by Neofarma Pharmaceuticals Limited (C 47434), on the 6th November, 2018, the approval of the said judicial acts is being demanded for the amount of €615,000.00 following judicial sale by auction 9/18 in the names Neofarma Pharmaceuticals Limited (C 47434) vs John Cauchi Gera (ID 237549M) and Maria Teresa sive Tessie Cauchi Gera (ID 312945M) held under the Authority of the said Court on the 5th November, 2018.

According to Article 338 (1) of Cap. 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

By decree given by the Civil Court, First Hall on 31st October, 2018, on the application of A & J Baldacchino Boatyard Limited (C 17586), Wednesday, 30th January, 2019, at half past eleven in the morning (11.30 a.m.) has been fixed for the sale by auction, to be held at A &J Baldacchino Boatyard Limited, Triq Ħal Far, Birżebbuġa of the following items seized from the property of Friggieri Tonio (ID 3870M).

Boat named ‘Tramuntana’, officially numbered 12841, registered in Malta, by Call Sign 9HB2065, built in 1991, of the make Sunseeker, model Camargue 46, length 13.83m and width 4.08m, valued at seven thousand and five hundred euro (€7,500). 

N.B. The said boat will be sold as described in the acts of judicial sale file number 6/18.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By a decree of the 5th November, 2018, given by the Courts of Magistrates, ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).

That by the application filed by BNF Bank plc formerly Banif Bank (Malta) plc (C 41030) on the 6th July, 2018, is asking for the withdrawal of the amount of €4,033.78 by BNF Bank plc deposited by the Schedule of Deposit number 748/2017 in the names of BNF Bank plc formerly Banif Bank (Malta) plc (C 41030) vs David Lauri (ID 164777M).

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

MARVIC FARRUGIA

For Registrar, Civil Courts and Tribunals

By a decree of the 25th October, 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 article 187(3) of the Code of Organization and Civil Procedure (Chapter 12).

That by an application filed by the company Bank of Valletta plc on the 27th June, 2018, the said application is asking for the withdrawal of the amount of €9,381.50 deposited by schedule of deposit 1039/2018 filed in the acts of the garnishee order number 951/18 in the names HSBC Bank Malta plc (C 3177) vs Dr Arsen Avakyan (ID 101375A) as a mandatory of Tigran Arutyunyan (Russian passport number 710618921)  vs Charles Agius (ID 27975M) and in the garnishee order number 1422/16 in the names HSBC Bank Malta plc (C 3177) vs Bank of Valletta plc (C 2833) vs Charles Agius (ID 27975M) and in the schedule of deposit number 1792/17 filed in the acts of the garnishee order number 1422/16 in the names HSBC Bank Malta plc (C 3177) vs Bank of Valletta plc (C 2833) vs Charles Agius (ID 27975M). The Court ordered the notification of the application to all the interested parties with a four (4) day period for the reply.  

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

DKR 189/2008 – CANCELLATION OF A FREEZING ORDER

It is being notified that following a judgement dated 7th March, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Neville Camilleri LL.D), Compilation Number 212/2014, in the case:

The Police

(Inspector Elton Taliana)

(Inspector Robert Vella) 

versus

… omissis …

and

Russell Buhagiar, 36 years, son of Joseph and Antonia née Caruana, born in Tal-Pietà, Malta on the 2nd December, 1981, residing at number 78, Triq San Ġorġ, Ħal Luqa, Malta and holder of Maltese identity card bearing number 13982M.

The freezing order on all the assets of the said Russell Buhagiar is being hereby cancelled. This order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Antonio Mizzi LLD) on the 27th July, 2008, which was duly published in the Government Gazette of the 1st August, 2008.

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, LLD 

Assistant Registrar, Criminal Courts and Criminal Tribunals

By decree given by the Civil Court, First Hall on 29th October, 2018, on the application of A & J Baldacchino Boatyard Limited (C 17586), Wednesday, 30th January, 2019, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction, to be held at A & J Baldacchino Limited, Triq Ħal Far, Birżebbuġa of the following items seized from the property of Caruana Paul Philip (ID 524386M).

Boat named ‘Omera’, officially numbered 2816, registered in Malta, of the make ‘Feeling’, model 1090, length 10.9 metres, built in 1984, valued at ten thousand euro (€10,000).

N.B.The said boat will be sold as described in the acts of judicial sale file number 7/18.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

DKR 319/2013 – CANCELLATION OF A FREEZING ORDER

It is being notified that by a decree dated 13th September, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Francesco Depasquale LLD) after an application filed by Paul Anthony Pisani on the 7th August, 2018, and following judgement given by the same Court (Magistrate Dr Anthony G. Vella LLD) on the 21st June, 2018, Compilation number 667/2013, in the case:

The Police

(Asst Comm. Ian J. Abdilla)

(Inspector Anna Marie Micallef)

(Inspector Yvonne Farrugia)

versus

Anthony Cremona;

Michael Borg;

Shannon Cauchi;

Robert Agius;

and

Paul Anthony Pisani, 47 years, son of Stanislaus and Josephine née Spiteri, born in Melbourne, Victoria, Australia on the 21st April, 1971, residing at ‘Marilyn’, Triq il-Biedja, Ħal Safi, Malta and holder of Maltese identity card bearing number 464087M.

The Court ordered the cancellation of the freezing order of all the assets of the said Paul Anthony Pisani which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Mag. Dr Anthony G. Vella LLD) by a decree dated 23rd July, 2013, and published in the Government Gazette of the 30th July, 2013. 

This order is being published according to section 5(6) of Cap. 373 of the Laws of Malta.

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

By a decree of the 29th October, 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 Article 187(5) of the Code of Organization and Civil Procedure (Cap. 12).

That by an application filed by the company Sand & Gravel Limited (C 337) and Rainbow Mix Concrete Limited (C 6763) on the 24th July, 2018, is asking for the withdrawal of €7099.94 by Sand & Gravel Limited and €9563.36 by Rainbow Mix Concrete Limited (C 6763) deposited by the schedule of deposit 84/2018 in the names of Sand & Gravel Limited (C 337) vs White Power Company Limited (C 16215) and Rainbow Mix Concrete Limited (C 6763) vs White Power Company Limited (C 16215).

The Court ordered the notification of the application with a ten (10) day period for filing a reply. 

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

DKR 402/2007 – CANCELLATION OF A FREEZING ORDER

It is being notified that by judgement dated 29th October, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Claire L. Stafrace Zammit LLD), Compilation Number 196/2017, in the case:

The Police

(Superintendent Raymond Aquilina)

(Superintendent Louise Calleja) 

versus 

… omissis …

Jason Caruana, 38 years, son of George and Bernardette née Magro, born in Tal-Pietà, Malta on the 6th September, 1980, residing at Paris, Flat 3, Triq id-Dielja, Ħal Qormi, Malta and holder of Maltese identity card bearing number 413180M;

and

Carol Mangion, 51 years, son of Anthony and Maria Rosaria née Mamo, born in Mtarfa, limits of Rabat, Malta on the 26th July, 1967, residing at number 92, Triq Sir Charles Cameron, Gżira, Malta and holder of Maltese identity card bearing number 287167M.

The Court ordered the cancellation of the freezing order of all the assets of the said Jason Caruana and Carol Mangion which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Lawrence Quintano LLD) on the 18th November, 2007, which was duly published in the Government Gazette of the 20th November, 2007.

This notice is being published according to section 23A (2) of Cap. 9 of the Laws of Malta.

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 240/2014 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 26th September, 2018, given by the Criminal Court (Mr Justice Dr Antonio Mizzi LLD) after an application filed by Angelo Zahra on the 5th June, 2018, Compilation Number 427/2001 in the case:

The Police 

(Inspector Frank Tabone)

 versus

Angelo Zahra, 69 years, pensioner, son of the late Joseph and Grazia née Zammit, born in Santa Venera, Malta on the 29th August, 1949, residing at ‘Shekinah’, Triq il-Bidnija, Bidnija, Malta and holder of Maltese identity card bearing number 751849M.

The Court authorised the accused Angelo Zahra to appear on a promise of sale and eventually on a contract of sale of the airspace on the third floor in apartment number 3, forming part of a block of apartments without official number and with name ‘Monte Rosa Flats’, in Triq is-Siġra, St Julian's sometimes referred as San Ġwann and orders that before the promise of sale is signed the applicant must inform the Court on the price agreed and eventually he exhibits a copy of the promise of sale and a copy of the relevant contract within forty-eight (48) hours from the time they are signed respectively.

Authorised also that after paying the tax expenses due from this sale, notary costs and any brokerage due, from the remaining balance he is authorised to pay Deborah Lia the sum of €15,649 besides the legal interest and two-thirds of the judicial expenses as ordered by the First Civil Court in its judgement of the 17th April, 2018.

Authorised also that from the remaining balance he pays the surgeon Dr Mark Diacono the sum of €7,515 and Capua St James Hospital, Tas-Sliema the sum of €1,563.

Authorised also that the remaining balance to the authorised sum will be granted to the applicant to make up for the difference due to him from the sum of €13,976.24 for the years 2016, 2017 and 2018.

Finally orders the applicant to submit a detailed account of the transactions made from the proceeds of this sale from the airspace mentioned above. Any other remaining monies shall be deposited in the Registry of this Court which sum will be effected by the freezing order.

The publication of this order is being published in terms of the second proviso of Section 22A (1) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta, following another decree given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry on the 31st October, 2017, and published in the Government Gazette of the 17th November, 2017, following another decree given on the 24th December, 2015, differently presided which was published in the Government Gazette of the 8th January, 2016, following another decree given on the 24th December, 2015, differently presided, following another decree given on the 28th October, 2015, differently presided, following another publication published on 30th December, 2014, after a decree given on the 19th December, 2014, by the Court of Magistrates (Malta) as a Court of Criminal Inquiry differently presided, following another publication made on the 21st July, 2014, after a decree given by the same Court on the 3rd July, 2014, following another application on the 12th November, 2013, after a decree given by the same Court on the 7th November, 2013, following another publication made on the 13th August, 2013 after a decree given by the same Court, differently presided on the 23rd February, 2012, following another publication made on the 25th February, 2013, after a decree given by the same Court, differently presided on the 13th January, 2013, following another publication made on the 6th October, 2009, after decrees given by the same Court, differently presided on the 28th May, 2009, and 1st September, 2009, following another publication made on the 23rd December, 2008, after a decree given by the Court, differently presided on the 12th December, 2008, and following another publication made on the 27th July, 2001, after a decree given by the Court of Magistrate as a Court of Criminal Inquiry on the 21st July, 2001, 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 Zahra.

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 272/2017 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 9th October, 2018, given by the Criminal Court (Mr Justice Dr Antonio Mizzi LLD) after an application filed by Joseph Calleja on the 4th October, 2018, Compilation Number 288/2017, in the case:

The Police 

(Inspector Matthew Vella)

(Inspector Priscilla Caruana Lee)

versus

Joseph Calleja, 62 years, clerk, son of the late Raphael and of the late Gasparina née Cutajar, born in Ħal Qormi, Malta on the 17th September, 1956, residing at number 32, Shaday, Triq Don Alvaro De Sande, Mosta, Malta and holder of Maltese identity card bearing number 655056M. 

The Court authorised the Inland Revenue Department to refund the sum of one thousand, eight hundred and thirty euro (€1,830) to the accused Joseph Calleja provided that the Inland Revenue Department shall deposit the money in the bank account of the applicant which is affected by the Freezing Order.

This variation is made in terms 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 a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Joseph Mifsud LLD) on the 7th July, 2017, and published in the Government Gazette of the 21st July, 2017, 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 Joseph Calleja.

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 39/2008 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 13th September, 2018, given by the Criminal Court (Madame Justice Dr Edwina Grima LLD) after an application filed by Nikita McAnally on the 31st August, 2018, Compilation Number 174/2008, in the case:

The Police 

(Inspector Keith Arnaud)

versus

Robert Zahra;

and

Nikita Mcanally, 25 years, daughter of Dennis McAnally and the late Theresa Sciberras, born in Tal-Pietà, Malta on the 24th February, 1993, residing at Triton Mans, Block D, Flat 20, Triq it-Tamar, St Paul’s Bay, Malta and holder of Maltese identity card bearing number 103893M.

The Court authorised the selling of the property Villa Samara, Triq is-Sebuqa, San Ġwann and therefore the relative contract of purchase to be published, provided that the buyer is bound not to do any structural changes in the said property or/and not to transfer the said property to third parties and this until the Court proceedings against Nikita McAnally are concluded as the said property is the scene of crime of these proceedings.

Orders the Public Notary to publish the relevant act, to deposit Nikita McAnally’s share from the sale of this property in a Schedule of Deposit in favour of the Registrar of Courts so that this sum would be effected by the freezing order issued against the accused.

This variation is being published in terms of Cap. 101 of the Laws of Malta, following another decree given on the 29th March, 2018 by the same Court and published in the Government Gazette, following another two decrees dated 28th February, 2008, and 20th May, 2008, which were published in the Government Gazette of the 23rd May, 2008, and following a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry on the 28th February, 2008, and published in the Government Gazette of the 7th March, 2008, 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 Robert Zahra and Nikita McAnally.

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 61/2018 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 13th August, 2018, given by the Criminal Court (Mr Justice Dr Antonio Mizzi LLD) following an application filed by Mark Anthony Vassallo on the 9th August, 2018, Compilation number 265/2018 in the case:

The Police

(Inspector Frank Anthony Tabone)

versus

Mark Anthony Vassallo, 25 years, bar owner, son of Raymond and Maria Theresa nee Micallef, born in Tal-Pietà, Malta on the 1st October, 1992, residing at Salinas Park, Flat 1, Triq il-Qawra, St Paul’s Bay, Malta and holder of Maltese identity card bearing number 472292M.

The Court authorised the accused Mark Anthony Vassallo to do the repayment of the amount of seven hundred euro (€700) on the credit card loan with number 40025376313 with Bank of Valletta plc for the debts incurred before the freezing order was issued.

This variation is being published in terms of Article 120E, Chapter 31 of the Laws of Malta, according to Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta with accordance with Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta following a freezing order dated 1st May, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Yana Micallef Stafrace LLD) 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 Mark Anthony Vassallo.

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 520/2015 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 21st August, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Neville Camilleri LLD) following an application filed by Ryan Callus on the 16th August, 2018, Compilation Number 868/2015 in the case: 

The Police 

(Inspector Gabriel Micallef)

versus

Ryan Callus, 27 years, self-employed, son of Stephen and Maria nee Scicluna, born in Tal-Pietà, Malta on the 8th March, 1991, residing at number 7, Alley 3, Triq Ħabel ix-Xgħir, Żejtun, Malta and holder of Maltese identity card bearing number 149891M.

The Court authorised the release of the vehicle Toyota Hilux bearing registration number JBA 308 belonging to the accused Ryan Callus from the effects of the freezing order.

This variation is being published in terms of Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta with accordance with Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta following a freezing order dated 16th November, 2015, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri LLD) and published in the Government Gazette of the 20th November, 2015, 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 Ryan Callus.

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 6th November, 2018, following a request of Raymond Debono it was ordered that deputy curators be chosen to represent the absent respondent Lisa Debono, in the records of the Appeal number 666/2011, in the names Debono Raymond vs Debono Lisa and in the relative and subsequent acts.

By means of an Application, filed in the Court of Appeal, Sworn Application 666/11 JZM, in the names Raymond Debono (ID 251866M) against Lisa Debono, on the 17th November, 2017, the applicant Raymond Debono, respectfully asked this Honourable Court of Appeal, to reform the judgement appealed of the Honourable First Hall Civil Court, with the number and in the names ‘Sworn Application 666/11 JZM, Raymond Debono (identity card number 251866M against Lisa Debono’ by saving that it confirms that part of the judgement appealed whereby this Court accepted and retained its jurisdiction, revoke that part whereby on the merit it rejected the plaintiff’s demands, because it upheld that the plaintiff did not bring forward the proof required by law and thus uphold the plaintiff’s demands, with costs of both instances against the respondent.

Respondent: 26, Church Meadow, Meadow Field, Langley Moore, Durham, DH 7, United Kingdom

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 His Honour the Chief Justice Joseph Azzopardi, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals 

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 10th October, 2018, Application number 1530/2018 by Antoinette Diacono and Noel Manche whereby they prayed that it be declared open in their favour in equal shares between them the succession of Lorenzo Manche, widower of Maria Yvonne Manche née Wismayer, son of the late Alberto Rosario Manche u Beatrice Manche née Mifsud, born in Tas-Sliema and resided in Tas-Sliema and died in Ħal Balzan on the 26th March, 2018, aged 92, holding identity card number 0306225M. 

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By a decree of the Small Claims Tribunal of the 23rd August, 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).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 23rd August, 2018, whereby they asked the Tribunal to condemn Mario Darmanin (ID 363461M) of 53, Triq is-Santwarju, Ħaż-Żabbar, to pay the plaintiff company the sum of €816.83 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 396/18KCX) is deferred on the 21st November, 2018, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 27th August, 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).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 21st August 2018, whereby they asked the Tribunal to condemn Di Giovanni Giovanni (ID 122519A) of Marble Arch, Block A1, Flat 6, Triq Lapsi, St Julian’s, to pay the plaintiff company the sum of €685.91 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 387/18CZ) is deferred on the 28th November, 2018, at 12.15 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 27th August, 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).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 21st August 2018, whereby they asked the Tribunal to condemn Houston Gareth (ID 55051A) of 81, Flat 1, Triq Carmelo Dimech, Mosta, to pay the plaintiff company the sum of €1100.73 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 382/18CZ) is deferred on the 28th November, 2018, at 12.15 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Whereas Leone Bugeja et (ID 0569658M) filed an application under oath (No. 1112/2018/LSO) demanding correction in the Act of Death No: 1970/2016 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette. 

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case. 

By order of the Court,

JOSETTE DEMICOLI

For Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 4th October, 2018, Application number 1507/2018 by Advocate Errol Cutajar noe whereby he prayed that it be declared open in favour of Richard Steven Alcock the heir of the late Norman Richard Alcock the succession of Josephine Alcock, wife of Norman Richard Alcock, daughter of the late Anthony Mifsud and Antonia Mifsud née Zammit, born in Malta on the 17th April, 1951, and resided in Kent and died in Kent on the 14th June, 2017, aged 54.

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 decreee given by the Civil Court (Family Section) on the 31st October, 2018, in the records of the Application in the names Kristina Polidano (ID 165579M) vs Alex Polidano (ID 207371M) Sworn Application Number 112/18 AL, the following publication was ordered for the purpose of service the respondent Alex Polidano, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Urgent Application, filed in the Civil Court (Family Section) in the names Kristina Polidano (ID 165579M) vs Alex Polidano (ID 207371M), Application Number 112/18 AL, on the 2nd October, 2018, the applicant Kristina Polidano (ID 165579M) respectfully pleaded:

1. That with the present application the applicant is asking for the revocation of the decree of the 19th September, 2018, where the Court ordered that the care and custody of the minors be joint.

… omissis …

3. That the applicant is asking for the revocation of the said demands for the following reasons:

a) That in the first place reference is being made to the applicant’s application of the 7th August, 2018, which application was sworn.That in this application the applicant explains in detail the defendant’s character, who is a manipulative person and that he was often physically, verbally and psychologically violent in her regard and the minors.

… omissis …

h) That with reference to the applicant’s demands where she asked that the care and custody of the minors be entrusted to her whilst that she be authorised to take any decision related with the health and education of the minor, the applicant makes further reference to the report of the Children’s Advocate where the following is stated:

… omissis …

i) That finally the applicant is in this financial state because she had to leave her house together with the minors to go and live in a more secure place far away from the defendant.

j) That as for the income and means of the defendant:

… omissis …

That naturally the defendant is depicting himself as a bankrupt person and that he does not have means to live. That the applicant asks how a person in this state can have and maintain so many assets amongst which a matrimonial home in Santa Marija Estate, Mellieħa.

That thus there result reasons why this Court should revoke and change the decree of the 19th September, 2018, and this in the best interest of the minors;

Thus, for the reasons above premised the applicant respectfully prays that this Honourable Court:

1. Vary its decree of the 19th September, 2018, by entrusting the care and custody of the minor children, siblings Polidano, mentioned in the applicatiomn to the applicant, whilst authorising her to take all those decisions related to the health and education of the minor in terms of Article 47 of the Civil Code and and uphold the other demands in the application.

And this saving any other provision this Honourable Coiurt deems to impose.

Applicant: 70, Summer, Triq Santa Monika, Tal-Pietà

Respondent: 54, Pangaea, Triq ix-Xarra ta’ Barra, Santa Maria Estate, Mellieħa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil and Tribunals

By means of a decree of the 6th November, 2018, of the Civil Court First Hall in the records of judicial letter number 3759/18, in the names Jebmed S.R.L.vs Capitalease S.P.A. et, the following publication was ordered for the purpose of effecting service on the respondents in terms of Article 891(1) of Cap. 12.

In the First Hall of the Civil Court

To Capitalease S.P.A. (P.iva 06271890961), Centro Direzionale Is. A/7, Via G Pozio, 80143, Naples, Italy and

ESA Shipmanagement Ltd (C51059) ta’ Mercury House, 125, Triq Zekka, Valletta VLT 1515, Malta.

By the present Jebmed S.r.l., a company registered and incorporated in Italy, with company registration number 01947150999 and having its registrered office at Piazza Della Vittoria 12/27, 16121, Genoa, Italy, makes reference to the Deed of Convenants dated 11th May, 2016, (Deed of Covenants) by virtue of which Capitalease S.P.A. obliged itself to pay the sender for the services rendered to the ship ‘MV Bright Star’ formerly known as ‘MV Trading Fabrizia’ with IMO number 9481960 (the Vessel) from the sender company as instructed by the respondent company Capitalease S.P.A., which amount at this date reaches two million and seven hundred American Dollars (USD 2,700,000.00), including interests and costs in terms of the aforementioned Deed of Covenants. This obligation was reaffirmed by virtue of the Private Agreement dated 16th September, 2016 (the Private Agreement).

You are well aware of the fact that Capitalease S.P.A. is in default of the payments aforementioned and therefore is in breach of its obligations by virtue of the Deed of Covenants and Private Agreement.

In terms of the Private Agreement, the sender company had agreed with the respondent company ESA Shipmanagement Ltd that until the respondent company Capitalease S.P.A. pays the outstanding amount to the sender company in accordance with the Deed of Convenants and the Private Agreement and any other outstanding amounts due to ESA Shipmanagement Ltd, the Vessel shall be kept in a safe port agreed upon by the sender company and the respondent company ESA Shipmanagemnet Ltd.

You are well aware that the sender company together with the respondent company ESA Shipmanagement Ltd agreed that the Vessel had to be kept idle at Laffiteau port in Haiti, until Capitalease effects payment of the outstanding amount to the sender company and ESA Shipmanagement Ltd and this in terms of the Private Agreement.

The respondent company Capitalease S.P.A. with the complicity of ESA Shipmanagemnet Ltd, arbitrarily and in breach of the Private Agreement, moved the Vessel from Haiti to another port in Jamaica, prejudicing the sender company, since the latter was never paid the outstanding amount due to them.

Furthermore, ESA Shipmanagement Ltd, in its capacity as Technical Manager of the Vessel, failed to ensure that the Vessel’s condition confroms with the law of the country where the Vessel is registered, that is Malta, causing the Vessel to be de-registered from the Maltese register in view of certain conditions relating to the security and other conditions of the Vessel which were lacking, and this too, to the detriment of the sender company in its capacity as mortgagee of the Vessel.

In light of the above, this has caused the sender company prejudice and has suffered substantial damages as a result of the respondent companies acts and omissions.

Therefore, by means of the present, the sender company formally calls upon you to immediately effect full payment of the outstanding amounts due by you by virtue of the Deed of Covenants and the Private Agreement, and this by not later than seven (7) days from the date of notification of this letter.

Should you fail to effect the aforementioned payment within seven (7) days from the date of notification of this letter, the sender shall have no other option but to proceed against you according to law, including by means of the appropriate precautionary warrants, and this without further notice.

This judicial letter is drawn by virtue of article 891 of Cap. 12 and article 2128 of Cap. 16 of the Laws of Malta.

So you may guide yourself accordingly and avoid unnecessary costs.

With costs, including costs of the present letter

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 18th October, 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).

Elmo Insurance Limited (C 3500) of Triq Abate Rigord,Ta’ Xbiex, filed a Claim on the 20th July, 2018, whereby they asked the Court to condemn Francesca Fenech (ID 351551M) of Flat 8, Dolphin Court, Triq Giuseppe Despott, San Pawl il-Baħar, to pay the plaintiff company the sum of €5,765.51 which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice Number 171/18MLF) is deferred to the 26th November, 2018, at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 3rd August, 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).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 3rd August 2018, whereby they asked the Tribunal to condemn Natalia Casha (ID 568688M) of 65, Joesim, Triq l-Imsida, Birkirkara, to pay the plaintiff company the sum of €994.02 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 361/18KCX) is deferred on the 21st November, 2018, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 17th September, 2018, in the records of the judicial letter number 1686/18, in the names Andre Farrugia vs Joanne Sciberras, the First Hall of the Civil Courts ordered the following publication for the purpose of effecting service on the respondent in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Joanne Sciberras (ID 388178M) of Limerick, Blk 3, Flat 3, Triq il-Baċir, Msida and/or 157, Triq l-Isqof F. S. Caruana, Msida.

By this present Andre Farrugia of 13, Tavistock, Triq il-Kappar, Ħ’Attard whilst making reference to the notarial deed in the records of Notary Nicholas Charles Vella dated 12th April, 2018, by means of which you constituted yourself certain, liquid and true debtor in the amount of €43,227 and also you obliged yourself to pay the interest of 8% with effect from the 12th April, 2018, in the eventuality that you fail to pay the said amount to the interpellant by not later than the 12th May, 2018, which sum is still due, so by means of this present is soliciting you so that within two days you pay the amount of €43,227 with interest from the 12th April till the date of effective payment. For all the purposes and effects of law, a copy of the notiarial contract above mentioned is attached with this present as Document A.

If you fail to pay the said amount in the time given, the interpellant will be constrained to proceed against you according to law without any further notice. For all the effects of law, it is being declared that the interpellant is by means of this present rendering the said notorial deed executable in terms of that provided in article 253(b) et sequitur of Cap. 12 of the Laws of Malta.

So much for your own guidance. 

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 31st August, 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).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 27th July 2018, whereby they asked the Tribunal to condemn Nazzareno Mercieca (ID 130988M) of 13, Flat 2, Triq Angelo Psaila, Paola, to pay the plaintiff company the sum of €1333.31 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 346/18KCX) is deferred on the 21st November, 2018, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 19th September, 2018, of the Civil Court First Hall in the records of judicial letter number 2066/18, in the names Maria Anna sive Marion Calleja vs Oliver Agius, the following publication was ordered for the purpose of effecting service on the respondent Oliver Agius in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Oliver Agius of Blue Harbour, Drake Residence, Flat D, Ix-Xatt ta’ Ta’ Xbiex, Ta’ Xbiex.

By the present Maria Anna sive Marion Calleja (ID 460747M) of 22, Triq Grognet, Mosta, whilst making reference to the deed published in the records of Notary Joseph Brincat dated 16th June, 1996, by means of which a divided portion of land known as Ix-Xagħra tal-Ħawlija sive Tal-Ħawlija, Mellieħa, was transferred by title of temporary sub-emphyteusis, solicits you so that not later than five days from today you pay the amount of €3,412 representing the balance of arrears of sub groundrent due by you for the years 2014, 2015, 2016 and 2018.

In default further action will be taken against you according to law.

This letter is being filed so that the deed above mentioned will be rendered executable in terms of Articles 253(b), 256(2) and other relevant articles of Cap. 12 of the Laws of Malta.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 19th October, 2018, in the records of the judicial letter number1496/18 in the names Joseph Baldacchino pro et noe vs Jean Claude Micallef pro et noe, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To 1. Jean Claude Micallef (ID 347187M) in his own name and for and on behalf of the commercial company IMPEL Communciations Limited of Monte Kristo Estate, Triq Ħal Farruġ, Ħal Luqa LQA 3708 and

2. Jean Claude Micallef (ID 347187M) in his own name and for and on behalf of the commercial company IMPEL Communications Limited of 70, Triq il-Port Ruman, Marsaxlokk.

By means of this present Joseph Baldacchino in his own name and for and on behalf of the commercial company SMASH Communications Limited of Thistle Lane, Paola PLA 1341 with email smashcom@gmail.com is soliciting you so that within one week from the notification of this present you pay the amount of €18,897.31 representing details of the transactions and executions between Smash Communications Limited and Impel Communications Limited and this as better described in this judicial letter.

From the attached documents it is clear that in the current year 2018 there are several invoices and also two payments by means of cheques that were made in the amount of €3000 each cheque, and so the balance due is that of €18,897.31 due to the interpellant company and also as personally represented by Joseph Baldacchino.

If this amount is not be paid within one week from the notification of this present judicial letter, the interpellant company as respresented will start further procedures according to law, including the issuing of the opportune warrants and this according to law.

With all the costs judicial and extra judicial of this present

So much so Jean Claude Micallef (ID 347187M) in his own name and for and on behalf of the commerical company IMPEL Communications Ltd may know how to regulate himself and how to proceed.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 18th October, 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).

Elmo Insurance Ltd (C 3500) as subrogated in the rights of its insured K.W.L. Rent-A-Car Limited of Triq Abate Rigord, Ta’ Xbiex, filed a Claim on the 29th August, 2018, whereby they asked the Tribunal to condemn Anthony sive Antoine Rapa (KI 150769M) of 15, Marouska, Flat 7, Triq l-Għabex, St Paul’s Bay, to pay the plaintiff company the sum of €3,988.12 which amount is due to the plaintiff company.

 With costs and legal interest

The case (Claim Number 418/18PM) is deferred on the 14th November, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 1st October, 2018, by the Civil Court (Volontary Jurisdiction Section) in the application number 1263/18 filed on the 22nd August, 2018, by Agnes Debono and others where they prayed this Honourable Court to declare absent and nominate a curator for the absent Maria sive Mary Attard, daughter of Salvu Farrugia and Concetta née Cassar, born in Bormla on the 4th August, 1931, with birth certificate number 5328/1931, who have been absent from these Islands and no news about her was ever heard, to administer her assets and to take all the necessary orders to safeguard all her property, this Court ordered the issuing of this Notice, in terms of Article 194 et sequitur, of Cap. 16.

Whosoever has any news of the existence of the said Maria sive Mary Attard, is required to communicate it to the Registrar Civil Courts (Voluntary Jurisdiction Section) for the information of the said Court, within one month from the day of the publication of this Edict in the Government Gazette.

By order of the Court above mentioned

ALEXANDRA Debattista

For the Registrar, Civil Court and Tribunals

By means of a decree of the 31st October, 2018, of the Rent Regulation Board, in the records of the Application in the names Anthony Camilleri et vs Mario Stanyer, Application Number 147/2018MV, the following publication was ordered for the purpose of effecting service on the respondent Mario Stanyer in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application number 147/2018MV in the names Anthony Camilleri (ID 759644M), Carmel Camilleri (ID 865045M), Jane Zammit (ID 723747M), Andrew Camilleri (ID 153858M), Justin Camilleri (ID 360787M), Kevin Camilleri (ID 134882M) and Elaine Bezzina (ID 347484M) vs Mario Stanyer filed before the Rent Regulation Board on the 1st October, 2018, the applicants Anthony Camilleri (ID 759644M), Carmel Camilleri (ID 865045M), Jane Zammit (ID 723747M), Andrew Camilleri (ID 153858M), Justin Camilleri (ID 360787M), Kevin Camilleri (ID 134882M) and Elaine Bezzina (ID 347484M) requested with respect:

That the applicants are the co-owners of the house with its own airspace, 24 (previously 7), Triq Dun Pawl, Ħal Luqa. They inherited this property from Giuseppi Camilleri and his wife Maria Camilleri, who died respectively on the 10th August, 1975, and on the 26th December, 2015;

After the death of her husband, Maria Camilleri (mother of the applicants Anthony, Carmel, Andrew and Jane Zammit and the paternal grandmother of the other applicants, children of her son, the late Joseph Camilleri) leased the house with the furniture to a certain James Reeves on the 17th February, 1994;

The respondent Mario Stanyer occupied the house under title of lease instead of the original tenant in the year 1995, and he is still occupying the house till today;

By means of a judicial letter dated 10th November, 2017, the applicants warned the respondent that with effect from the next rent instalment due they would not lease the same premises if not under the new conditions:

(i) At the rent of €700 per month, payable every month in advance;

(ii) With the absolute prohibition of sub-leasing and/or assigning the lease, in both cases, with respect to the entirety of the premises and also of part thereof;

(iii) With the obligation that he has to make all the necessary repairs and maintenance of the same premises at his own costs;

(iv) With the obligation that he returns to the original state the kitchen, the well and the lodge of the premises at his own expenses;

(v) Subject to those other conditions according to law applicable at the time.

The respondent did not contest the new conditions, and so today these constitute the conditions of the lease between the parties of the mentioned premises 24, Triq Dun Pawl, Ħal Luqa;

This notwithstanding, the respondent failed to pay the rent due of €700 a month, and failed to return the kitchen, the well and the lodge in their original state at his own costs;

By means of a judicial letter dated 20th February, 2018, duly notified to the respondent, the applicant solicited him to pay the amount of €1,400 representing the rent due for two instalments that lapsed on the 24th December, 2017, and 24th January, 2018, but he remained in default. Instead, he continued to deposit in the Registry of the Courts of Magistrate (Malta) the rent that he used to pay before, and is still doing so till today.

Thus, the applicants request with respect this Board so that it:

1. Declares and decides that the respondent failed to pay the rent due for the instalments that lapsed on the 24th December, 2017, 24th January, 2018, 24th February, 2018, 24th March, 2018, 24th April, 2018, 24th May, 2018, 24th June, 2018, 24th July, 2018, 24th August, 2018 and 24th September, 2018;

2. Declares and decides that the respondent breached the other conditions of the lease;

3. Consequently, terminates the lease of the premises (previously 7), Triq Dun Pawl, Ħal Luqa, in favour of the respondent and give him a short and peremtory period to vacate from the same premises and release it vacant and in good condtion in favour of the applicants;

4. Condemns the respondent to pay the applicants the rent due at the rate of €700 a month, with effect from the 24th December, 2017, till the date of the termination of the lease.

With costs and interest and reserving any other action by the applicants against the respondent including that for damages

Applicants: Anthony Camilleri et, Jolie Maison, 17, Triq Anton Falzon, Ħal Luqa

Respondent: Mario Stanyer, 24, Triq Dun Pawl, Ħal Luqa

The application in the names Anthony Camilleri et vs Mario Stanyer, Application Number 147/2018MV has been postponed for hearing to the 15th November, 2018, at 10.30 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals