Court Notices published in Govt. Gazette No. 20,293 of 12 November 2019

ARB/C060/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 8th November, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Nadine Lia, LLD). Compilation Number 679/2019 in the case:

The Police 

(Inspector Frank Anthony Tabone)

Versus

AHMED ELMZOUGA, self-employed, 31 years, son of Mawlud Saleh and Zuhra Muftah née Alkhafe, born in Libya, on the 7th March, 1988, residing at 37, Fl. 1, Triq V. Menville, Swieqi and/or Tessie Flats, Flat 5, Triq l-Isqof F. S. Caruana, Msida, and holder of Maltese identity card bearing number 137328A and Maltese passport for foreigners bearing number 9032342. 

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 AHMED ELMZOUGA 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 Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

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

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/C061/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 11th November, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Charmaine Galea, LLD). Compilation Number 259/2019 in the case:

The Police 

(Inspector Justine Grech)

Versus

ADRIAN ZAMMIT, postman, 24 years, son of Joseph and Angelica Madkour née Spiteri, born in Tal-Pietà, Malta, on the 28th April, 1995, residing at 68, Triq il-Lunzjata, Hamrun and holder of Maltese identity card bearing number 191395M. 

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 ADRIAN ZAMMIT 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 Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORIZED the said accused to receive the amount authorized 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 decree given by the Civil Court, First Hall on 4th November, 2019, on the application of Intercomp Marketing Limited (C 20612), Wednesday, 15th January, 2020 at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction to be held at number seventeen (17), Triq id-Dejqa, Valletta of the following items seized from the property of Leon Gafà.

Unit with six doors and two drawers brown in colour, small oval table brown in colour, glass vase brown in colour, LCD of the make Finlux, LCD of the make Samsung, three (3) seater sofa black in colour, unit with two shelves, two wardbrobes with two doors. 

N.B. The said objects will be sold as described in the judicial sales number 13/18.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court (Family Section)in the Records of the Mediation in the names David Seguna (ID 565191M) vs Roana Marie Schembri, Mediation 1150/2019 CC, on the 1st November, 2019, the following publication was ordered for the purpose of service of the respondent Roana Marie Schembri, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, by Urgency, in the Civil Court (Family Section) in the records of the Mediation 1150/19 CC, in the names David Seguna (ID 565191M) vs Roana Marie Schembri, on the 28th August, 2019, the applicant David Seguna respectfully pleaded:

1. That from a relationship between the parties on the 13th October 2018, the minor … omissis … was born;

2. That it results that the parties lived together in the property of the applicant and this up to one month again till their relationship ended and the defendant abandoned the same premises together with the minor daughter;

3. That it results that during the last month after the relationship of the parties ended the respondent is depriving the applicant of his daughter;

4. That as already stated up to one month ago the parties lived together and thus the applicant actively particpated in the life and upbringing of the minor daughter;

5. That it is stated that the applicant is conscious of the fact that the respondent shall try to justify her actions by stating that he is abusing of illicit substances;

6. That thus the intervention of this Honourable Court is necessary so that the applicant starts to see his daughter again in a serene and regular manner as he did up to one month ago.

Thus, the applicant respectfully prays that this Honourable Court declare and decide that he should have access on the days and times as demanded in this application, saving any other provision which it deems fit to impose.

Respondent: Roana Marie Schembri, 64, Casa Schembri, Triq in-Nutar Zarb, Ħ’Attard

Registry Civil Courts (Family Section), today 8th November, 2019

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 8th October, 2019, in the records of the Sworn Application, in the names the Director Civil Courts and Tribunals as Registrar vs Peter Zammit (ID 374870M) Application number 399/18 TA, the following publication was ordered for the purpose of service of the respondent Peter Zammit (ID 374870M), 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 the Director, Civil Courts and Tribunals as Registrar Civil Courts and Tribunals vs Peter Zammit (ID 374870M) on the 27th April, 2018, the applicant asked this Honourable Court:

1. To find the respondent guilty of contempt towards its authority in terms of Article 997 et of Cap. 12 of the Laws of Malta;

2. Condemn the respondent to the penalties indicated in the same Article and condemn him to imprisonment for a period up to one month and to a penalty of not less than two hundred and thirty-three euro (€233) and not more than two thousand three hundred thirty euro (€ 2330) or to a penalty or imprisonment together;

3. Impose any other necessary order on the respondent Joseph Zammit in terms of Article 997 Sub-article (2) of Cap. 12 of the Laws of Malta including the fixing of a peremptory period till these orders are to be satisfied.

With costs, against the respondent from now summoned so that a reference to his evidence be made and saving any right of further action according to law.

The Sworn Application in the names the Director Civil Courts and Tribunals as Registrar vs Zammit Peter, Application number 399/18 TA, has been deferred for hearing to the 3rd December, 2019, at 9.30 a.m.

Defendant: Peter Zammit, 9, Noel, Flat 3, Triq Tal-Qroqq, Msida

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 21st October, 2019, on the application of Bank of Valletta plc (C 2833), Tuesday, 21st January, 2020, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in room number 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Flat internally marked by number one (1) in block letter ‘D’ with the external door numbered six (6), in the Government Housing Estate, Vjal il-Ħaddiem gia Għajn Qajjied, limits of Rabat, Malta which block is bounded by all sides with public spaces property of the Government/Housing Authority. The flat is situated in the corner on street level overlying other third parties apartments with main access from Vjal il-Ħaddiem gia Għajn Qajjed and with secondary access from Triq ir-Rumani. The said flat includes proportionate share of the entrance door, hallway, stairs, stairwell and the drainage system and the owner of the flat has the right to install the water tank and television aerial on the roof of the said block. Also including with the said flat is the right of use of the roof at the highest level of the block, however the Government reserves the property rights in his favour to build other floor levels and use common area parts and services, as well as to pass the needed communications from the shafts of the said block or according to other needs, and is valued at one hundred and fifty thousand euro (€150,000)

The said tenement is the property of Guntrip Godwin (ID223353M) and by decree dated 22nd April, 2019, Dr Joseph Bonnici and LP Davina Sullivan were nominated as deputy curators for the deceased and Guntrip Rita (ID 441359M)

N.B. The said tenement will be sold as described in the acts of judicial sales number 13/2019.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

It is hereby notified in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 31st of October, 2019, and this after a written plea numbered 877/2019, ordered:

The correction of the Act of Birth of Elizaveta Leonidovna Levinskaia, bearing number 2657 of the year 2007, under the columns entitled ‘Particulars respecting the child – Names given’ and ‘Name or names by which the child is to be called’, and also in the note found at the end of the same Act of Birth, the words ‘Elizaveta Leonidovna’ are to be cancelled and replaced with the name ‘Eliza’. 

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree of the 4th October, 2019, of the Rent Regulation Board, in the records of the Application in the names Kenneth Spiteri et vs Francis Chetcuti et, Application number 55/2019SG, the following publication was ordered for the purpose of effecting service on the respondents Francis Chetcuti and Wilhelmina Chetcuti in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Kenneth Spiteri (ID 245867M), Pamela Grech (ID 663156M) and Valerie Olsson (Swedish Passport 90503744) vs Francis Chetcuti (ID 755143m) and Wilhelmina Chetcuti (ID 71443M) and for any interest she may have, filed before the Rent Regulation Board on the 21st March, 2019, the applicants Kenneth Spiteri, Pamela Grech and Valerie Olsson requested with respect and Kenneth Spiteri (ID 245867M) confirmed on oath whilst they requested this Honourable Board to:

1. Decide this application without proceeding to trial and this in terms of article 16A of Cap. 69 of the Laws of Malta;

2. Order the respondent to vacate from the premises leased to him and that is the shop Benelli Gunshop previously Franwin, 19, St Mary Street, Ħal Tarxien and the store without number in Bunting Street, Raħal Ġdid, because he is in default of paying the rent and not using the premises;

3. Order the respondent to pay the owners the amount of €10,667.88 representing arrears of rent due till 2018 and for any other rent due till the termination of the said lease, in full or pro rata;

4. Order the respondent to pay any bills regarding the services in the shop and due by the respondent.

With costs, and legal interest against the respondents who are from now summoned so that a reference to their oath be made and reserving any right for further actions according to law.

Applicants: Kenneth Spiteri et, 46A, Triq l-Imtarfa, Mtarfa

Respondents: Francis Chetcuti – Fatima Bernardette, Triq il-Parroċċa, San Pawl il-Baħar.

Wilhelmina Chetcuti, Blk A, Flat 1, Triq Santu Wistin, San Ġiljan

The application in the names Kenneth Spiteri et vs Francis Chetcuti et, Application number 55/2019SG, has been postponed for hearing to the 18th November, 2019, at 9.15 a.m. 

 These are summary procedures according to Article 16A of Cap. 69 of the Laws of Malta in which the judgement will be given on the first day of hearing of this application or if he does not make an appearance at the sitting or if he fails to show, during that sitting, that he has a valid defence and reasons to contest the applicant’s request. Thus, as respondents you have to appear before the Board on the day and time mentioned.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd July 2019 in the records of the judicial letter number 1860/19 in the names Deidre Fenech vs Alfred Schembri, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Alfred Schembri in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To

Alfred Schembri (ID 459490M) of St Rita, Triq il-Kus, Birżebbuġa

By means of this present responsive letter and with reference to the contents of the judicial letter filed by you and dated 14th May, 2019, the interpellant Deidre Fenech (ID 386985M) residing at 27, Triq Joseph Stivala, Paola, is strongly refuting all your claims as set out in the aforementioned judicial letter, as unfounded in fact and at law and this since no amount is due to you by the interpellant.

Furthermore, the interpellant confirms and reiterates what she has already mentioned in the judicial protest bearing reference number 77/2019 and in the judicial letter 1533/2019.

With costs and reserving the right to any other action by the interpellant against the respondent according to law including the issue of the opportune precautionary warrants.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd July, 2019, in the records of the judicial letter number 1533/19 in the names Deidre Fenech vs Alfred Schembri et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Alfred Schembri in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To

Alfred Schembri (KI 459490M) of St Rita, Triq il-Kus, Birżebbuġa

and

Christian Casha

By means of this present judicial letter and with reference to the judicial counter protest sent by you on the 1st April, 2019, bearing reference number 144/19 in the acts of the judicial protest 77/2019, the interpellant Deidre Fenech (ID386985M) residing at 27, Triq Joseph Stivala, Paola, is strongly refuting all your claims as set out in the aforementioned counter-protest as unfounded in fact and at law.

Secondly, it is absolutely not true that there are any amounts due by the interpellant in your favour or any one of you for additional works that were allegedly carried out by you or any one of you, and which works were carried out on order or/and at the request of the interpellant.

Thirdly, the interpellant is informing you that according to the agreement signed by the respondent Alfred Schembri and the interpellant, it has been agreed that any additional works were to require the consent of the interpellant, which consent was surely never granted. Furthermore, the interpellant considers your counter protest as frivolous and vexations, whilst the interpellant reserves the right to take all the necessary actions to protect her rights according to law.

So much so you may know how to regulate yourselves.

With costs and reserving the right to any other action by the interpellant against the respondents.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 29th October, 2019, of the Civil Court First Hall in the records of judicial letter number 2960/19, in the names Commissioner for Revenue vs Andrew E. Sullivan pro et noe, the following publication for the purpose of service on the respondents pro et noe was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Andrew E Sullivan (ID 866450M) and Joseph E. Sullivan (ID 765653M) in your own names and also as previous directors for and on behalf of the company Aquatess Limited (C 13358) today struck of from the registry.

By the present the Commissioner for Revenue of Centre Point Building, Ta’ Paris Road, Birkirkara, calls upon you in terms of Articles 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €1,468,080.21 representing the amount due by you as Value Added Tax according to the same act.

With costs and interest according to the said Act till the date of effective payment.

This calling is being made for all intents and purposes of law and particularly, but not exclusively, in order to render the executive title which the same Commissioner for Revenue has against you by means of the Notice sent to you.

In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you by means of the opportune warrants.

So much so that you may know how to proceed and to regularise your position.

Notification: 1. Andrew E. Sullivan, Tahoe Place, Fl 4, Triq is-Sorijiet, San Ġiljan

2. Joseph E. Sullivan, Villa Fortunata, Iklin Road, Iklin

ALEXANDRA DEBATTISTA

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 10th September, 2019, following a request by Emanuel Piscopo et 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 1631/2019 in the names Emanuel Piscopo et 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 Emanuel Piscop (ID 747656M) born in Ħal Tarxien on the 11th May, 1956; Grazia Scerri (ID 553158M) born in Ħal Tarxien on the 6th August, 1958; Carmelo Piscopo (ID 217860M) born in Ħal Tarxien on the 8th March, 1960; Mario Piscopo (ID 589162M) born in Ħal Tarxien on the 29th September, 1962; and Alfred Piscopo (ID 485365M) born in Ħal Tarxien on the 16th October, 1965, all brothers and sisters Piscopo, children of Antonio and Agostina née Pace vs Deputy Curators to represent the unknown direct owner or direct owners on the 3rd September, 2019, the applicants Emanuel, Grazia Scerri, Carmelo, Mario and Alfred brothers and sisters Piscopo respectfully submitted:

That the applicants are the owners of the premises with official number 45, Triq is-Suq, Ħal Tarxien, which premises are better described in the site-plan here attached and marked as Doc. AP1;

That the applicants acquired the premises de quo by means of the inheritance of their parents Antonio Piscopo and Agostina née Pace who died on the 29th September, 2008, and 27th June, 2018, respectively;

Moreover, the premises are subject to €1.28 as groundrent;

The applicants wish to avail themselves from the option given to them by means of Article 1501 of the Civil Code and redeem the groundrent above mentioned;

That the applicants do not know to whom the groundrent is due and thus they are not paying;

That together with this schedule of deposit, the applicants are filing an application for the nomination of deputy curators to represent the interests of the unknown owers;

That the annual and perpetual groundrent is that of €1.28 capitalised with the rate of 5% which amounts to €25.60;

That the applicants wish to pay also five years groundrent due and that is the amount of €6.40 whilst for all intents they are paying the laudemium in the amount of €1.28.

Thus, the applicants are humbly calling upon this Honourable Court and under its authority are depositing the total amount of €33.28 which sum can be freely withdrawn after leaving the relative receipt according to law.

Applicants: Emanuel Piscopo, Block 2, Flat 6, Birzebbugia Road, Ħal Tarxien.

Grazia Scerri, 32, St Anthony, Flat 1, Triq il-Kurunell Mas, Ħal Tarxien

Carmelo Piscopo, 2, Trejqa Vincent Battistino, Ħal Tarxien

Mario Piscopo, 8, Triq Dun M. Mifsud, Santa Luċija


Alfred Piscopo, 45, Redentur, Triq il-Buqexrem, Fgura

Respondents: Deputy Curators

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, above mentioned, with the witness of the Hon. Mr Justice Noel Cuschieri, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

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 by Anthony Portelli et it was ordered that deputy curators be chosen to represent the unknown direct sub direct owners in the acts of the schedule of deposit number 1573/2018 in the names Anthony Portelli et 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 Anthony Portelli, manager, son of the late Francis and Rita née Vassallo, born in Tal-Pietà and resides in Ħaz Zabbar (11, Orion, Triq l-Għadiba) (ID 84257M) born on the 13th January, 1957, together with Josephine sive Josette Bugeja, employed, wife of Antonio Bugeja, daughter of the late Francis Portelli and Rita née Vassallo, born in Tal-Pietà and resided in Santa Venera (256, Floribunda, Triq il-Kanun) (ID 245158M) born on the 20th March, 1958, vs Deputy Curators to represent the unknown direct, emphytueta and owners of the land on which the premises is built, in its actual state and condition and that is the tenament officially marked with number 14, in Triq Nazzarenu in Ħamrun on the 24th August, 2018, the applicants Anthony Portelli and Josephine sive Josette Bugeja respectfully submitted:

That the applicants are the owners of the premises in its actula state and condition that is found today and that is the tenament, officially numberd 14, Triq Nazzarenu, in Ħamrun, subject to the annual and perpetual groundrent of Lm0.77,5 that are equivalent to €1.80 otherwise free and unencumbered.

That the property was originally acquired by the applicants as inheritance of their parents that died intestate and so their children Anthony and Josephine inherited them;

That the applicants are going to deposit the amount of €5.40 that are three years arrears of groundrent that were not paid to the unknown owners;

The applicants wish to avail themselves from the faculty given to them by means of Article 1501 of the Civil Code, Cap. 16 of the Laws of Malta and redeem the same groundrent capitalized by the rate of 5%, which groundrent amounts to €36. The tax due is that of €5.

Thus the applicants are humbly calling upon this Honourable Court and under its authority are depositing the amount of €41.40 which includes the arrears of the last three years of groundrent and also the redemption of the annual and perpetual groundrent in favour of the respondents above mentioned so that the deposited sum can be freely withdrawn after leaving the relative receipt according to law.

Applicants: 11, Orion, Triq l-Għadiba, Ħaż-Żabbar

Respondent: Deputy Curators

Director Public Registry, Identity Malta, Archbishop Street, 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, above mentioned, with the witness of the Hon. Mr Justice Grazio Mercieca, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

DKR 206/2007 – Cancellation of a Freezing Order

It is being notified that by a decree dated 6th November, 2019, given by the Criminal Court of Appeal (Madame Justice Dr Consuelo Scerri Herrera, LLD) after an application filed by Ivan Muscat on the 9th May, 2019, and following the execution of judgement given by the same Court on the 15th January, 2015 (Mr Justice Dr Michael Mallia, LLD), Appeal number 80 & 93/2014, in the case in the names:

The Police 

(Asst. Commissioner Ian J. Abdilla)

Versus:

Omissis;

AND

Ivan Muscat, 42 years, son of Lawrence and the late Claudia née Gauci, born in Ħ’Attard, Malta, on the 16th November, 1976, residing at number 19, Saint Agata Street, Żejtun, Malta, and holder of Maltese Identity Card bearing number 579976M.

The Court Ordered the Cancellation of the freezing order of all the assets of the said Ivan Muscat, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Audrey Demicoli, LLD) by a decree dated 9th June, 2007 and published in the Government Gazzette of the 17th July, 2007.

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

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Tribunals (Malta)

DKR 368/2016 – Cancellation of a 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 Judicature (Magistrate Dr Rachel Montebello, LLD) after an application filed by Jason Calleja and Charles Zammit on the 14th October, 2019, and following judgement given by the same Court on the 26th September, 2019, Compilation Number 83/2016, in the case in the names:

The Police 

(Inspector Yvonne Farrugia)

Versus:

Jason Calleja, 42 years, son of John and Mary née Fenech, born in Tal-Pietà, Malta, on the 27th October, 1977, residing at number 5, Lily of the Valley, Flat A, Mons. Indri Fenech Street, Mellieħa, Malta, and holder of Maltese Identity Card bearing number 523777M; 

AND

Carmel Zammit, 64 years, son of Saviour and Antonia née Gauci, born in Mellieħa, Malta, on the 27th January, 1955, residing at number 98, Cross Street, Mellieħa, Malta, and holder of Maltese identity card bearing number 135255M.

The Court Ordered the Cancellation of the freezing order of all the assets of the said Jason Calleja and Carmel Zammit, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Antonio G. Vella, LLD) by a decree dated 21st July, 2016, and published in the Government Gazette of the 11th November, 2016.

The Court Authorized also that the applicants can withdraw the amount deposited in Court which was affected by the freezing order which is now being revoked.

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

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Tribunals (Malta)

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 29th August 2019, Application number 1505/2019, by Mark Anthony Rogers and Matthew John Rogers whereby they requested that it will be declared open in their favour the Succession of their father William Rogers, widower of Margaret Rogers, son of Carmelo Rogers and Cettina née Bezzina, born in San Ġiljan, Malta, resided in San Ġiljan, Malta, and died in San Ġiljan, Malta, on the 15th February, 2019, aged 70, who held identity card number 64849M.

Wherefore, any person who believes 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 the Civil Court of Voluntary Jurisdiction Section, on the 13th September, 2019, Application number 1624/2019, by Louise Galea et whereby they requested that it will be declared open in favour of Louise Galea in the quota of one half (1/2) undivided share and in favour of Charles Manuel Galea and Maria Mooney in the quota of one fourth (1/4) undivided share each one of them the Succession of their father Charles Galea, husband of Louise Galea, son of Carmelo Galea and Olga Maria née Vella, born in Malta, resided in United States of America and died in Manhattan, United States of America, on the 30th May, 2007, aged 53.

Wherefore, any person who believes 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 24th September 2019, the publication of the following extract was ordered for the purpose of effecting service on Richard Spiteri in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12) .

By means of an application filed on the 29th March, 2019, in the records of judicial letter with bills of exchange number 5047/2009 in the names United Acceptance Finance Limited (C 360) of Mizzi House, National Road, Blata l-Bajda vs Richard Spiteri (ID 118271M) of 102, Flat 2, Triq San Duminku, Valletta, whereby United Acceptance Finance Limited respectfully pleaded and Patricia Hili (ID 96153M) duly authorised for and on behalf of the same applicant company confirms on oath:

By means of a judicial letter number 5047/2009, the interpellant company rendered enforceable the bills of exchange amounting to €341.51 attached to the same judicial letter in terms of Article 253(e) and 256(2) of Cap. 12 of the Laws of Malta;

This notwithstanding, the respondents remained in default and the bills of exchange attached to the aforementioned judicial letter remained unpaid;

More than five years have passed from when these bills of exchange became enforceable according to law and thus the applicant company cannot proceed without the authorisation of this Honourable Court;

For the purposes of Article 258 of Cap. 12 of the Laws of Malta, the applicant company declares that the amount of €341.51, together with interest and relative costs according to law which are still due because no payment was made relative to the bills of exchange above stated.

Thus, the applicant company humbly requests that this Honourable Court authorises the enforcement of the executive title in terms of Article 258(c) of Cap. 12 of the Laws of Malta.

The case Notice number 69/2019SG in the names United Acceptances Finance Limited vs Richard Spiteri is postponed to the 26th November, 2019, at 9.30 a.m.

Service: Richard Spiteri, 102, Flat 2, Triq San Duminku, Valletta.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 20th of November, 2019, by The Civil Court (Voluntary Jurisdiction Section) on an Application number 1931/2019 filed by Notary Doctor Angela Bezzina on behalf of Sharon Saliba, wherein it has been ordered the opening and publication of the secret will of Mary Saliba, (ID 0759645M), wife of Carmelo Saliba, daughter of the late Joseph Camilleri and Francesca née Mallia, born in Sigġiewi, Malta, and died in Ħal Luqa, Malta, on the 12th August, 2017, aged 71 years. 

The opening and publication are going to be held on Friday, 20th December, 2019, at ten o’clock in the morning (10.00 a.m.) at the Annexe of the Law Courts at 34, Strait Street, Valletta, under the ministry of Notary Doctor Angela Bezzina.

FREDERICK STAGNO NAVARRA

For The Registrar Civil Courts and Tribunals

By means of a decree given, by the Court of Appeal, on the 10th October 2019, in the records of the Application number 546/09/1, in the names Ahmed Ibro Muhiddin vs Greenlines Environmrntal Limited et (C 14868) following an Application of Mario Ebejer (ID 544771M) the following publication was ordered for the purpose of service of the respondent Ahmed Ibro Muhiddin, in terms of Article 187(3) et sequitur of Cap. 12.

That the above-mentioned Mario Ebejer (ID 544771M), presented, a Reply of Appeal and an Incidental Appeal, in the records of the Application above mentioned number 546/09/1, in the names Ahmed Ibro Muhiddin (ID 0046714A) vs Greenlines Environmental Limited (C 14868) on the 13th March, 2018, whereby he humbly submitted;

1. Reply of Appeal

1. That by means of its application the appellant defendant company (further on known as ‘the appellant’) is appealing from this judgement in the names premised given by the First Hall Civil Court (later on known as ‘The First Court’) on the13th April, 2016, … omissis … and as a consequence the appellants and the interpellants were condemned together and in solidu between them to pay the respondent the sum of fifty four thousand seven hundred forty euro (€54,740).

2.That the appellant asked this Honourable Court of Appeal to reform its judgement of the 13th April, 2016.

3. That the interpellant Ebejer was notified with the Application of Appeal after the procedures at the Appeal stage were appointed.

4. That it is pointed out that the submissions de quo are being brought forward without prejudice to the procedures of a new trial which were presented by the interpellant Ebejer before the First Hall Civil Court with reference 529/2016 MH which procedures are pendente lite.

… omissis …

8.The Grievances of the Appellants.

7.The grievances of the appellants are all tied to the failure of the First Court to make a correct evaluation of the proof brought in particular where it found the appellant responsible for the damages suffered by the plaintiff.

8.That whilst the interpellant agrees with the submissions of the appellant as regards the negligence of the appellant Muhidin, … omissis … the applicant finds that as regards the submissions made in his regard as unfoiunded in fact and at law and this for the following reasons,

9.0 The appellant company upholds that the plaintiff Muhiddin was principally to answer to the defendant Mario Ebejer.

9.1. That the appellant premises in the Application of Appeal that the respondent Muhiddin on the day that the accident took place was answerable to the defendant Mario Ebejer and not to the appellant company.

9.2. That the interpellant had no authority and much less any responsibility towards the respondent Muhiddin.

… omissis …

9.7 That thus the interpellant Ebejer had no responsibility for the respondent on the day of the incident as the appellant company is giving the impression.

10.0 The appellant company in the e Application of Appeal states that ‘it was specifically Ebejer who violated the instructions that the appellant gave to its employees.

… omissis …

10.1 That the appellant company in the Application of Appeal upholds that the interpellant had been given instructions by the appellant company as regards the security and safety of the workers and decided of his own free will to hasten the work.

10.2That as has already been pointed out it is the appellant who has authority over the employees and the interpellant Ebejer was in the same working grade in which the respondent was.

10.3 That it does not result that Ebejer had violated any instruction and/ or procedure of health and safety given to him but it was the respondent that violated the same when out of his own will he chose to wear a flipflop instead of the safety shoes provided by the appellants.

… omissis …

10.8 That thus the appellant is to be held responsible anbd not the interpellant when it did not ensure to provide an environment which ensures the safety of the worker.

… omissis …

10.13 That thus it was the duty of the appellants to acertain themselves that both the applicant as well as the respondent were honouring the instructions given to them by the appellanyt company.

Appeal Incidental

A. Preliminary

1. That the applicant by means of the present wishes to avail himself of the principal appeal of the appellant and file this incidental appeal from the judgement of the Court of First Instance of the 13th April, 2016.

… omissis …

B. The Grievances of the Applicant

3. That the grievances of the applicant are clear and manifest and consist in the following:

a. The First Grievance. The Court of First Instance should have never declared that the interpellant is in dfefault in the procedures before the Court of First Instasnce.

… omissis …

c. The Third Grievance. The Court of First Instance failed to take into consideration the contributotry negligence of the respondent Muhiddin when he choose not to wear the safety shoes.

… omissis …

4. The First Grievance.The Court of First Instance should have never declared that the interpellant is in default in the procedures before the Court of First Instance and this due to the fact that the same interpellant was never duly notified with the procedures before the Court of First Instance.

… omissis …

5.0 The Second Grievance. The Court of First Instance was mistaken in its conclusions when it found the interpellant responsible and did not take into consideration the obligations of the appellant company to provide ‘a safe system of work’.

… omissis …

6.The Third Grievance. The Court of First Insatance failed to take into consideration the contributory negligence of the respondent Muhiddin when when he chose not to wear safety shoes.

… omissis …

6.10 That without prejudice in case any form of responsibility is found in regard to the applicant the factoir of contributory negligence of the respondent is to be taken into consideration in the liquidation of the damages suffered by the respondent.

7.0 The Fourth Grievance. The Court of First Instance did not make a correct evaluationof the proof when it came to liquidate the damages ion favour of the respondent.

7.1 That without prejudice to the first three grievances brought forward by the interpellants, in the opinion of the interpellants the Court failed to make a correct evaluation of the proof regarding the future los which the respondent had truly suffered.

Conclusion

Thus, whilst reserving to bring further proof the interpellant Mario Ebejer respectfully prays that this Honourable Court of Appeal reforms the judgement of the First Hall Civil Court of the 13th April 2016 (Sworn Application number 546/09 JRM) with the names above premised and this by;

‘Annulling the judgement of the Court of First Instance limitedly in his regard in view of the fact that the interpellant was never notified with the procedures in the names above premised and this in view of the first grievance or in any case;

ii. Reject all the requests of the applicant where they affect the interpellant Mario Ebejer.

With costs, of both instances against the respondent and the appellant company.

Notify: 1. Ahmed Ibro Muhiddin (ID 1046714A), c/o Dr Abigail Critien, 40/1, Old Mint Street, Valletta

2. Ahmed Ibro Muhiddin (ID 1046714A), 39, Eureka, Fl 5, Triq Antonio Bosio, Msida  

Applicant: 9, Palm Court, Flat 1, Triq ta’ Masrija, Mellieħa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas John Fenech (ID 652462M) filed an application under oath (No. 1072/2019/JVC) demanding the Correction of the Act of Birth No. 6524/1962 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,

KAREN FALZON

For Registrar, Civil Courts and Tribunals

DKR 9/2014 – Variation of a Freezing Order

It is being notified that by a decree dated 7th November, 2019, given by the Criminal Court (Mr. Justice Dr Giovanni M. Grixti, LLD) after an application filed by Brian Godfrey Bartolo on the 16th October, 2019, Compilation number 51/2014, in the case in the names:

The Police 

(Inspector Malcolm Bondin)

Versus

Brian Godfrey Bartolo, 47 years, son of John and Carmen née Cilia, born in Tal-Pietà, Malta, on the 30th August, 1972, residing at number 97, Alimatta Flat 2, Valley Road, Mosta, Malta, and holder of Maltese identity card bearing number 372972M.

The Court Authorized the accused Brian Godfrey Bartolo 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 from his bank account bearing number 105-42759110018 with APS Bank. The Court with immediate effect revoked the previous decrees where the accused was authorized to perceive this amount from other banks.

This variation is being published in terms of 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, following another publication which decree was given on the 26th June, 2018, and published in the Government Gazette of the 3rd August, 2018, following another publication which decree was given on the 19th January, 2018, and published in the Government Gazette of the 6th March, 2018, following another publication published on the 14th March, 2017, after a decree given on the 7th February, 2017, following another publication published on the 19th August, 2014, after a decree given on the 16th July, 2014, following another publication published on the 15th July, 2014, after a decree given on the 24th June, 2014, and following a freezing order which decree was given on the 13th January, 2014, by the Court of Magistrates (Malta) as a Court of Criminal Inquiry and published in the Government Gazette of the 21st January, 2014, 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 Brian Godfrey Bartolo.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Tribunals (Malta)