Court Notices published in Govt. Gazette No. 20,289 of 1 November 2019

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 5th July, 2019, following a request by Johan Debattista it was ordered that deputy curators be chosen to represent the unknown direct owner or direct owners in the acts of the schedule of deposit number 1239/2019 in the names Johan Debattista vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names ta’ Johan Debattista (ID 206478M) son of Gerald and Maria Gemma née Falzon, born in Qrendi on the 22nd March, 1978, vs Deputy curators to represent the unknown direct owner or direct owners, on the 3rd July, 2019, the applicant Johan Debattista respectfully submitted:

That the applicant is the owner of the premesis the house number 93, in Triq Valletta, Mqabba. The same premises is better described in the site plan here attached and marked as Doc. JD1;

That the applicant acquired the premises de quo by means of a deed of sale in the records of Notary Dr Pierre Cassar of the 23rd January, 2017, a copy of which is here attached and marked as Doc. JD2;

That originally the property belonged to George Galea that acquired the same property from the Governement by means of a contract in the records of Notary Maurice Gambin dated 12th November, 1997, a copy of which is here attached and marked as Doc. JD3;

That the premises is subject to the groundrent of €0.24;

The applicant wishes to avail himself of the option in Article 1501 of the Civil Code and thus redeem the groundrent above mentioned;

The applicant does not know to whom the groundrent is due and thus it is not being paid. Moreover, the same declaration is declared at page 2 of Doc. JD3;

Together with this schedule of deposit, the applicant is filing an application for the nomination of the deputy curators to represent the interests of the direct owner or direct owners;

The annual and perpetual groundrent of €0.24 capitalised at the rate of 5% amounts to €4.80;

The applicant wish to pay 5 years groundrent and that is for the amount of €1.20.

Thus the applicant is humbly calling upon this Honourable Court and under its authority is depositing the total amount of €6 so that the amount may be freely withdrawn by the respondents after leaving the relative receipt according to law.

Applicant: Johan Debattista, 27, Ta’ Dernis Court, Flat 3, Triq Mons. Alfons Caruana, Mqabba

Service:

Deputy Curators, Law Courts, Valletta

Director Public Registry, Triq id-Dejqa, 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 Toni Abela, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

ARB/C059/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 30th October, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Doreen Clarke LLD). Compilation Number 309/2019 in the case:

The Police 

(Inspector Jonathan Ransley)

Versus

ROBERT-IOSIF GALAMBOS, unemployed, 36 years, son of Iosif and Nuta née Ilas, born in Romania on the 1st August, 1983, residing at 247, Flt 4, Rue D’Argens, Gżira and holder of Romanian Identity Card bearing number TM864175 and Hungarian passport bearing number BD8448795. 

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 ROBERT-IOSIF GALAMBOS 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, Chapter 101 of the Laws of Malta, and Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount authorised by law 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 Article 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)

ARB/C058/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 30th October, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Doreen Clarke LLD). Compilation Number 206/2019 in the case:

The Police 

(Inspector Malcolm Bondin)

Versus

RONALD MALLIA, driver, 32 years, son of John and Maria née Zammit, born in Tal-Pietà, Malta on the 7th October, 1987, residing at 235, Triq il-Kostituzzjoni, Mosta and holder of Maltese Identity Card bearing number 474287M. 

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 RONALD MALLIA 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, Chapter 101 of the Laws of Malta, and Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount authorised by law 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 Article 22A and Section 23A and 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 a decree of the Small Claims Tribunal of the 2nd July, 2019, 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 24th June, 2019, whereby they asked the Tribunal to condemn Monique Mifsud (ID 136075M) of 5, Casa Giarda, Sqaq Garda, Iklin, to pay the plaintiff company the sum of €502.66 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 148/2019SFJ) is deferred on the 4th November, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 22nd May, 2019, 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 20th May, 2019, whereby they asked the Tribunal to condemn Sergio Borg (ID 162072M) of Qawra Towers, Fl. 7, Triq il-Qawra, San Pawl il-Baħar, to pay the plaintiff company the sum of €696.94 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 107/2019SFJ) is deferred on the 4th November, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 7th May, 2019, 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 30th April, 2019, whereby they asked the Tribunal to condemn Alexandra Cadoo (ID 266895M) of 7, Archidea Blk B, Fl. 3A, Triq Carmen Mallia, San Ġwann, to pay the plaintiff company the sum of €753.45 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 92/2019SFJ) is deferred on the 4th November, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of a decree dated 20th of April, 2019, given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction, Decree number 45/2018, the Court has ordered that Dr Daniel Calleja, lawyer, son of John Calleja and Mary sive Miriam née Cordina, born in Victoria, Gozo and resides in Victoria, Gozo (identity card number 40489G), has been nominated as a curator of the interdicted Margaret Buhagiar, spinster, daughter of the late Emanuel Buhagiar and Maria Antonia née Attard, born in Victoria Gozo and resides in ‘Dar Sant’Anna’, Victoria, Gozo, (identity card number 5138G) and this in substitution of the precedent curator Joseph Attard, son of the late Eucharist Attard and Maria née Bajada, born and resides in Xagħra, Gozo (identity card number 34855G).

Volontary Jurisdiction

DORIANNE CORDINA

For the Registrar, Courts and Tribunals (Gozo)

By means of a decree given by the Court of Appeal on the 4th May, 2018, in the records of the Application in the names Margaret Cilia vs Paul Cilia, Application Number 64/09, the following publication was ordered for the purpose of service of the respondent Margaret Cilia, in terms of Article 187(3) et sequitur of Cap. 12.

That by means of an Application filed in the Court of Appeal in the names Margaret Cilia vs Paul Cilia on the 20th June, 2017, the applicant Paul Cilia (ID 379559M) respectfully pleaded:

1. That by means of her sworn application the plaintiff premised:

i. Whereas on the 31st October, 1981, there was celebrated in Malta the marriage between the parties;

ii. Whereas from their marriage they had four children;

v. Whereas married life between the parties became impossible due to the fault of the respondent as stated in the application;

xi. Whereas the defendant (recte the plaintiff) asked and obtained the necessary authorisation in order to proceed with this action by decree of this Court;

Thus the defendant is to state why this Honourable Court should not:

a) Declare the separation between the parties for reasons imputable to the plaintiff;

and uphold the other demands listed in the application.

With costs against the defendant from now summoned so that a reference to his evidence be made

2. That the interpellant applicant in this appeal replied:

1. That whilst he agrees that there is room that the personal separation between him and the plaintiff be pronounced, he does not agree that this is so due to reasons imputable to him as alleged by the plaintiff.

… omissis …

3. That in virtue of the judgement given on the 31st May, 2017, the Court of First Instance decided the cause:

a) by declaring the personal separation between the parties for reasons solely imputable to the interpellant;

and decided as stated in the application.

1. That the interpellant feels aggrieved by the judgement given and is filing a humble appeal therefrom.

1. The cause for the separation

The Honourable First Court considered and decided that there is room that there be declared the personal separation for reasons solely imputable to the interpellant appellant.

Here one has to respectfully point out:

a) It appears that the Court of First Instance did not consider that by means of its original application the plaintiff swore that amongst other things it was the adultery on the part of the interpellant that rendered married life impossible;

No proof whatever was brought forward which substantiates this as the plaintiff was pleased to swear.

Once undoubtedly this default results on the part of the plaintiff it is being submitted that the Honourable First Court had to consider and decide that the plaintiff rendered herself guilty of grievous insults against her husband and this also as was always considered and decided by our Courts.

… omissis …

It appears that the Court of First Instance considered that between the parties there resulted acute differences of character … omissis … but it does not appear that it also considered what in the humble opinion of the interpellant was articulated in the most realistic manner by the Court of Appeal on the 11th November, 2011 (judgement Magro utrinque) where the English Judge Lord Denning was quoted in the cause ‘Wachtel vs Wachtel’ (1973):

‘Separation nowdays carries no stigma, but only sympathy. It is a misfortune that befalls both parties. No longer can it be maintained that one party was guilty and the other innocent. In most cases both parties have contributed to the breakdown of the marriage.’

… omissis …

ii. Maintenance

… omissis …

iii. Liquidation and partition of the assets of the parties

… omissis …

Movable property and ‘credits’

… omissis …

b. Reference is made to the sub-title ‘Bank Accounts and the business operated by the defendant’ in the judgement appealed.

Here the Court of First Instance after it reiterated that the interpellant was solely guilty for the separation and thus the plaintiff did not lose her right to the share which is due to her from the community of acquests decided … omissis … that it should pass to to estimate arbitrio bono viri the profit which in its opinion was made by the interpellant in the exercise of his business, during the years of marriage.

… omissis …

As results the plaintiff produced as a witness the accountant of the interpellant.

The interpellant humbly states that in the totality of the proof made, besides those that were due to be made by the plaintiff and she did not do, the Honourable First Court could not substitute the expert’s judgement on the matter which as stated carries his audit, with its discretionary audit as in fact happened.

The Court of First Instance explained in its judgement that ‘there exist extremes’ in order to quantify what is to be paid to the plaintiff as her share from the profit saved during marriage.

With respect it is stated that ‘the extremties’pointed by the Court of First Instance were created only with the insufficiency of the proof of the plaintiff. Against these there existed every possibility according to law of objective verification and not discretionary.

… omissis …

The interpellant thus makes reference to the judgement given by the Civil Court (Family Section) on the 31st May, 2017, in the cause in the names premised and respectfully prays that this Honourable Court vary and reform the judgement given as demanded in this application.

Notify respondent: Redentur, Triq il-Lanġas, Naxxar

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 10th June, 2019, 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).

Joseph Borg (ID 365478M) carrying on trade under the name AJ Electric, as the sole owner of the company, of Triq it-3 ta’ Settembru 1798, Industrial Zone, Mrieħel BKR 3000, filed a Claim on the 3rd June, 2019, whereby he asked the Tribunal to condemn Elton Xuereb (ID 188579M) of 1, Sqaq Stagno, Ħal Qormi, to pay the plaintiff the sum of €1209.84 which amount is due to the plaintiff.

With interests and costs

The case (Claim Number 125/19KCX) is deferred on the 26th November, 2019, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 12th June, 2019, 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).

Margaret Scerri (ID 237471M) and Joseph Galea (ID 459262M) of Santa Maria House, Triq il-Poeżija, Ħaż-Żebbuġ, filed a Claim on the 3rd June, 2019, whereby they asked the Tribunal to condemn Elton Xuereb (ID 188579M) of 1, Sqaq Stagno, Ħal Qormi, to pay the plaintiffs the sum of €5000 which amount is due to the plaintiffs.

The case (Claim Number 126/19CZ) is deferred on the 14th November, 2019, at 12.15 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 29th of October, 2019, by the Civil Court (Voluntary Jurisdiction Section) on an application number 1709/2019, filed by Doris Montebello, wherein it has been ordered the opening and publication of the secret will of Lorenza Vella (KI 331549M), spinster, daughter of the late Victor Vella and Salvina nee Said, born at Mosta, Malta and died at Tal-Qroqq, Msida, Malta on the 4th of July, 2019, aged 70 years.

The opening and publication are going to be held on Friday, 29th November, 2019, at eleven o’clock in the morning (11.00 a.m.) at the Annexe of the Law Courts at 34, Triq id-Dejqa, Valletta under the ministry of Notary Dr Anne Marie Tonna.

CARMEN SCICLUNA

For the Registrar, Civil Courts and Tribunals

DKR 156/2016 – CANCELLATION OF A FREEZING ORDER

It is being notified that by a decree dated 21st October, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Donatella Frendo Dimech LLD) after an application filed by Stephen Osei Boateng on the 18th October, 2019, and following judgement given by the same Court on the 24th June, 2019, Compilation Number 200/2016, in the case in the names:

The Police 

(Inspector Jonathan Ferris)

Versus:

Stephen Osei Boateng, 36 years, son of Stephen Kwame and Christina nee Duruye, born in Sunyani, Ghana on the 13th March, 1983, residing at Garcia Flats, Flat 1, Triq San Ġorġ, Santa Venera, Malta and holder of Identity Card bearing number 0044884A.

The Court ordered the cancellation of the freezing order of all the assets of the said Stephen Osei Boateng which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech LLD) by a decree dated 26th April, 2016, and published in the Government Gazette of the 6th May, 2016.

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

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Tribunals (Malta)

DKR 322/2013 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 5th July, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri LLD) after an application filed by Elena Cachia on the 2nd July, 2019, Compilation Number 730/2013,  in the case in the names:

The Police

(Inspector Malcolm Bondin)

Versus:

Martin Cachia, son of the late Michael and Josephine nee Aquilina, born in Tal-Pietà, Malta on the 29th March, 1959, and deceased on the 16th January, 2016 in Ħaż-Żabbar, Malta, resided at number 57, Goya, Triq Sant’Antnin, Marsaskala, Malta and holder of Maltese Identity Card bearing number 235859M.

The Court ordered the release of the sum of twenty-one thousand euro (€21,000) in favour of the applicant Elena Cachia which sum was exhibited in the acts of these proceedings.

This variation is made in terms of Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta in accordance with Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta following the cancellation of a freezing order against the said Martin Cachia which decree was given on the 12th July, 2016, and published in the Government Gazette of the 24th August, 2018, and following a freezing order which was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Mag. Dr Edwina Grima LLD) by a decree dated 3rd August, 2013, and published in the Government Gazette of the 9th August, 2013.

This variation substitutes the publication which was issued on the 14th October, 2019.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

DKR 353/2007 – CANCELLATION OF A FREEZING ORDER

It is being notified that by a decree dated 21st October, 2019, by the Court of Magistrates (Malta) as a Court of Criminal Judicature - (Magistrate Dr Neville Camilleri LLD) after an application filed by Ivan Bajada and Clare Borg on the 21st October, 2019, and following judgement given by the same Court on the 11th June, 2019, Compilation Number 1272/2007,  in the case in the names:

The Police

(Superintendent Norbert Ciappara)

(Inspector Kevin Pulis)

Versus:

Ivan Bajada, 44 years, son of Ronald and Maria Gratia nee Gallo, born in St Julians, Malta on the 26th August, 1975, residing at number 16, Cobblestones, Triq Mons. Arturo Bonnici, Msida, Malta and holder of Maltese Identity Card bearing number 381275M;

And

Clare Borg, 40 years, daughter of Paul and Linda nee Pearson, born in United Kingdom on the 10th May, 1979, residing at Little Gozo Court, Flat 23, Triq Giuseppe Calleja, Msida, Malta and holder of Maltese Identity Card bearing number 376997M.

The Court ordered the cancellation of the freezing order of all the assets of the said Ivan Bajada and Clare Borg which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Mag. Dr Silvio Meli LLD) by a decree dated 7th October, 2007, and published in the Government Gazette of the 16th October, 2007.  

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

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

DKR 90/2018 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 16th October, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Joseph Mifsud LLD)  after an application filed by Anca-Adelina Pop on the 14th October, 2019, Compilation number 399/2018, in the case in the names:

The Police

(Superintendent Antonovitch Muscat)

Versus:

George Degiorgio;

Alfred Degiorgio;

And

Anca-Adelina Pop, 35 years, daughter of Vasile and Aurelia neé Dohanean, born in Brasov, Romania on the 2nd September, 1984, residing at number 15, Marouska, Flat 10, Triq l-Għabex, St Paul’s Bay, Malta and holder of Maltese Identity Card bearing number 100282A.

The Court authorised the accused Anca-Adelina Pop to perceive the amount permitted by law which is thirteen thousand nine hundred and seventy-six euro and twenty-four cents (€13,976.24) yearly.

This variation is made in terms of Article 5 of Chapter 373 of the Money Laundering Act of the Laws of Malta, in accordance with Article 23A of Chapter 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 Yana Micallef Stafrace LLD) by a decree dated 27th June, 2018, and published in the Government Gazette of the 3rd July, 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  George Degiorgio, Alfred Degiorgio and Anca-Adelina Pop.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals (Malta)

DKR 1/2010 – REVOKED INTERDICTION

It is being notified that by a decree dated 23rd October, 2019, given by the Criminal Court of Appeal – (Mr Justice Dr Giovanni M. Grixti LLD) after an application filed by Maria Speranza Mangion on the 23rd September, 2019, Criminal Appeal Number 95/2010, in the case in the names:

The Police 

Versus:

Maria Speranza Mangion, 58 years, daughter of Francis and Rose nee Sciberras, born in Tal-Pietà, Malta on the 23rd February, 1961, residing at number 32, Sunset Flat 2, Triq Tumas Dingli, Mosta, Malta and holder of Maltese Identity Card bearing number 149961M.

The Court revoked the perpetual general interdiction against the said Maria Speranza Mangion which order was given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Saviour Demicoli LLD) on the 23rd February, 2010, which judgement was confirmed by the Criminal Court of Appeal (Mr Justice Dr David Scicluna LLD) on the 15th September, 2010, and published in the Government Gazette of the 24th September, 2010, and this according to Article 10 (6) of the Criminal Code of Chapter 9 of the Laws of Malta.

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

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals (Malta)

By means of a decree given by the First Hall Civil Court on the 28th March, 2019, by the Court herein mentioned (GM) in the records of the Sworn Application in the names Friggieri Reuben et vs Thompson Douglas et, Application Number 146/19 GM, the following publication was ordered for the purpose of service of the defendant Douglas Thompson, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the First Hall Civil Court in the names Reuben Friggieri (ID 168279M) and his wife Lara Friggieri Cordina (ID 174884M) vs Douglas Thompson and Louise Thompson, on the 15th February, 2019, the applicant Reuben Friggieri and his wife Lara Friggieri Cordina premised and asked:

1. That the respondents are the owners of a penthouse forming part of a block named ‘Marble Arch Residence’ in Triq Lapsi, San Ġiljan, and the same applicants owners of the apartment with number seven (7) forming part of the same block herein mentioned;

2. That the applicants’ property is suffering extensive damage due to the percolation of water from the property of the defendants.

Thus, in view of the reasons mentioned in the application, the applicants asked the Court:

1. To condemn the defendants so that within a short and peremptory period that shall be fixed to them by this Honourable Court to carry out at their expense all the works which are needed and necessary established by this Honourable Court in order to stop the percolation of water into the property of the applicants and uphold all the other demands in the application amongst which the payment of the damages liquidated.

With costs against the defendants from now summoned so that a reference to their evidence be made.

The Sworn Application in the names Friggieri Reuben et vs Thompson Douglas et, Application Number 146/19 GM, has been deferred for hearing to the 21st November, 2019, at 10.30 a.m.

Defendant: The Penthouse, Marble Arch Residence, Triq Lapsi, San Ġiljan

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 16th October, 2019, by the Court herein mentioned (FDP) in the records of the Sworn Application in the names Xuereb Evan et vs Paul Ellul, Application Number 829/19 FDP, the following publication was ordered for the purpose of service of the defendant Paul Ellul, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court First Hall in the names Evan Xuereb (ID 423073M) and Darren Cuschieri (ID 511679M) vs Paul Ellul (ID 148276M) on the 28th August, 2019, the applicants asked the respondent to state why this honourable Court should not:

1. Declare the respondent responsible for the damages towards the plaintiff as a consequence of the bad work he executed and other defaults as stated in the application for the reasons therein premised and uphold the other demands in the application amongst which that the respondent be condemned to pay the damages liquidated.

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

The Sworn Application in the names Xuereb Evan et vs Ellul Paul, Application Number 829/19 FDP, has been deferred for hearing to the 21st November, 2019, at 9.15 a.m.

Notify defendant: 65, Triq Santa Rita, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the 2nd August, 2019, 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 1501(7)(e) of the Code of Organisation and Civil Procedure (Cap. 16).

By schedule filed in the First Hall of Civil Court, on the 19th of July, 2017, numbered 1185/2017 in the names Joseph Raymond Aquilina (ID 364344M) vs Arrow Enterprises (P 1068), Oscar Caruana Montalto (ID 149733M) and Carmelo sive Charles Mallia (ID 231643M) expressing respectfully: 

That applicant is the owner of the house named ‘Apollo’ in Good Sheperd Avenue, Ħal Balzan, subject to the rate of annual and perpetual ground rent and sub ground rent of one hundred and sixteen euro and forty-six cents (€116.46), regarding the increase of annual and perpetual ground rent of fifty-four euro and sixty cents (€54.60), payable to Arrow Enterprises, regarding the rate of increase of annual and perpetual ground rent of twenty-seven euro and forty-eight cents (€27.48) payable to Oscar Caruana Montalto, and regarding the rate of annual and perpetual ground rent of thirty-four euro and thirty-eight cents (€34.38) payable to Carmelo Mallia. 

That the applicant wishes to avail himself of the faculty given to him by Article 1501 of Cap. 16 of the Maltese Law, and redeem this ground rent and sub ground rent. 

That the rate of fifty-four euro and sixty cents (€54.60) capitalised at the rate of five percent (5%) amounts to the sum of one thousand and ninety-two euro (€1092). 

That the rate of twenty-seven euro and forty-eight cents (€27.48) capitalised at the rate of five percent (5%) amounts to the sum of five hundred and forty-nine euro and seventy-three cents (€549.73). 

That the rate of thirty-four euro and thirty-eight cents (€34.38) capitalised at the rate of five percent (5%) amounts to the sum of six hundred and eighty-seven euro and sixty cents (€687.60). 

Therefore the applicant is asking this Honourable Court and deposits under its authority the sum of two thousand, three hundred and twenty-nine euro and thirty-three cents (€2329.33), price of this redemption of ground rent so that from the same amount the sum of one thousand and ninety-two euro (€1092) can be freely withdrawn by the company Arrow Enterprises, the sum of five hundred and forty-nine euro and seventy-three cents (€549.73) can be freely withdrawn by Oscar Caruana Montalto and the sum of six hundred and eighty-seven euro and sixty cents (€687.60) can be freely withdrawn by Carmelo sive Charles Mallia. 

MARVIC FARRUGIA

Deputy Registrar

By means of a decree given by the Civil Court (Family Section) on the 29th October, 2019, in the records of the Warrant of Prohibitory Injunction in the names Eptisem Gaber (ID 0143485A) vs Ayman Tawfik Mostafa Abdel Tawab (ID 0143484A) the following publication was ordered for the purpose of service of the respondent Ayman Tawfik Mostafa Abdel Tawab (ID 0143484A), in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Civil Court (Family Section) in the names (Applicant) Eptisem Gaber (ID 0143485A) against (Respondent) Ayman Tawfik Mostafa Abdel Tawab (ID 0143484A) on the 20th September, 2019, the applicant Eptisem Gaber (ID 014385A) respectfully pleaded:

That the interpellant has an interest that the minor hereunder mentioned is not taken outside Malta;

That the respondent is a person who has the legal or actual custody of the minor;

Thus the interpellant humbly prays that this Honourable Court order the issuing of a Warrant of Prohibitory Injunction against the respondent or respondents whereby he is ordered not to take the said minor outside Malta.

Details of the Minor:

… omissis … aged ten (10) years, born to the parties Eptisem Gaber (the mother) and Ayman Tawfik Mostafa Abdel Tawab (the father) in Cairo, Egypt, on the 14th April, 2009 (Birth Certificate Doc. A).

The said minor … omissis … has a light complexion, brown hair and eyes of a brown colour, having the height of circa 1.30m, and this as results from the photo of the same minor which is being annexed with the present warrant Doc. B.

That it is also indicated that the minor has an Egyptian Passport which passport was and is still in the possession of the respondent but the applicant is not in a position to indicate the number of the Egyptian passport of the minor since such information was never given to her by the respondent and thus it will be opportune that this Court orders that in the eventuality that this warrant is upheld this same passport of the minor be deposited under the authority of this same Court.

That furthermore the applicant declares that together with this warrant she is filing the necessary mediation proceedings before this same Court in order that there be regulated all the disputes regarding the said minor.

Republic of Malta

Court Warrant

To the Marshall of the Courts 

Whereas the above application was presented and there recur all the necessary elements required by law for the undermentioned orders.

You are thus, following the application mentioned, ordered that by means of a copy that you give of this warrant to the respondent you are to hold the respondent/respondents from taking or permit that there be taken outside Malta the minor person under the penalties contemplated by law for the defaulter.

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court (Family Section) with the witness of the Hon. Madame Justice Jacqueline Padovani Grima LLD, LLM (IMLI) Doctor of Law.

Civil Court (Family Section)

Mdm. Justice Jacqueline Padovani Grima LLD LLM (IMLI)

 Sworn Application No. 184/2019 JPG

Eptisem Gaber (ID 0143485A)

vs

AymanTawfik Mostafa Abdeltawab (ID 0143484A)

The Court,

Having seen the sworn application dated 20th September, 2019;

Provisionally upholds the request, this decree shall remain operative for a period of 30 days from the date of notification of the respondent, such that however should the request for the issue of this warrant have already been definitely decided, this decree shall cease to have effect, furthermore the Court reserves the right to give such orders as it deems necssary, should the request have not been definitely decided in the above mentioned time limit;

Orders that the application be notified to the respondent who shall reply within 10 days and appoints the application for hearing for the 30th of September at 1.15 p.m.

Furthermore orders that this application be notified to the competent authorities.

Theresa Sammut, Deputy Registrar

Applicant: The Edge, High Ridge Residence, Triq il-Pedidalwett, Madliena

Respondent: 237, Flat 4, Triq Emmanuele Decelis, Pembroke

Execution:

Commissioner of Police, General Police Headquarters, Floriana

Malta International Airport (Schengen Zone) Ħal Luqa

Malta International Airport (Non-Schengen Zone) Ħal Luqa

Port Authority, Transport Authority, Ports and Yachting Directorate, Malta Transport Centre, Marsa

Virtù Ferries Ltd, Virtù Passenger Terminal, Xatt l-Għassara tal-Għeneb, Marsa

Embassy of Egypt, Vjal Sir Temi Zammit, Ta’ Xbiex

St Clare College, Pembroke Primary School, Triq Madre Margerita de Brincat, Pembroke

By order of the Court abovementioned of the 28th October, 2019, the caus Application Gaber Eptisem vs Abdeltawab Ayman Tawfik Mostafa, Warrant Number 184/2019/2, was deferred for hearing to the 13th November, 2019, at 11.45 a.m.

Notify Respondent: 237, Flat 4, Triq Emmanuele Decelis, Pembroke

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals