Court Notices published in Govt. Gazette No. 20,296 of 15 November 2019

ARB/C062/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 12th November, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Gabriella Vella LLD). Compilation Number 684/2019 in the case:

The Police 

(Inspector Justine Grech)

Versus

Patrick Pullicino, self-employed, 54 years, son of Felice and Nazzarena née Camilleri, born in Tal-Pietà on the 8th February, 1965, living at Flat 9, Beluga Flats, Triq il-Qaliet, Marsaskala and holder of Maltese Identity Card bearing number 97865M.   

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 PATRICK PULLICINO 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, Section 5 of Chapter 373 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 (€13,976.00) per year, after the accused indicates with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 22A and Section 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law. 

THE DIRECTOR, ASSET RECOVERY BUREAU

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

ARB/C027/2019 – VARIATION OF A FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 13th November, 2019, given by the Criminal Court – Honourable Madame Justice Dr Consuelo Scerri Herrera LLD. In the case:  

The Police 

(Inspector Yvonne Farrugia)

(Inspector Doriette Cuschieri)

Versus

VLADIMIR PETROPOLJAC, owner of a company in Switzerland, 33 years, son of Zoran and Nada née Bogic, born in Serbia on the 19th of April, 1986, residing at 20, Ondine, Flat 11, High Street, Tas-Sliema and holder of Maltese Identity Card bearing number 25149A and Serbian passport bearing number 009454648.  

AND

MARIANNA LEONIDOVNA PETROPOLJAC, director, 38 years, daughter of Leonid Dmitrievic Ivanov and Liudmila Mikhailovna Ivanova, born in Russia on the 27th of February, 1981, residing at 20, Ondine, Flat 11, High Street, Tas-Sliema and holder of Maltese Identity Card bearing number 629317L and Maltese passport bearing number 1300076.  

The Court AUTHORISED the third party as indicated in the abovementioned decree to carry out the necessary payments to Gasan Zammit Motors Limited (C 57642) provided that the car remains registered in the same person and that no transfer is carried out on the mentioned car.  

This variation is being published in terms of Article 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and of Section 23A of the Criminal Code, Chapter 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 Inquriy (Magistrate Dr Gabriella Vella LLD) on the 25th April, 2019, which was published in the Government Gazette on the 30th April, 2019, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to VLADIMIR PETROPOLJAC and MARIANNA LEONIDOVNA PETROPOLJAC.

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 11th October, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Farsons Beverage Imports Company Limited (C 476) of The Brewery, Mrieħel filed a Claim on the 22nd May, 2019, whereby they asked the Tribunal to condemn Michael Ian James Garden (ID 159110A) of Valkyrja, Flat 4, Triq il-Merill, Mosta and FHH Limited (C 80016) of House of Ho, Triq Elia Zammit, St Julians, to pay the plaintiff company the sum of €1,530.72, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 113/19PM) is deferred on the 18th November, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals.

By means of a decree given, by the Civil Court First Hall, on the 5th November, 2019, by the Court above mentioned (JVC) in the records of the Sworn Application, in the names Galea Testaferata Simon Advocate Dr vs Muscat Nicholas, Application number 864/19 JVC, the following publication was ordered for the purpose of service of the respondent Nicholas Muscat, 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 Advocate Dott. Simon Galea Testaferrata (ID 468670M) vs Nicholas Muscat (ID 824455M) on the 9th September, 2019, the applicant Dott. Simon Galea Testaferrata (ID 468670M) asked the respondent for the reasons premised in the application:

1. To decide this application without proceeding to a hearing in terms of Article 167 of Cap. 12 of the Laws of Malta,

2. Saving any oportune declaration regarding the lack of title of the respondent and /or termination of the tolerance, order the same respondent to vacate from every part of the field known as ‘Ta’ Tafal Xemxi’ in the vicinity of Xemxija, limits of Mġarr, Malta, property of the applicant of the superficial area of circa twenty five tumoli (T 25) equivalent to circa twenty eight thousand one hundred and two square metres (28,102 s.m.) as better described in this application and return the vacant possession within a short and peremptory period.

With costs and saving all the damages suffered by the respondent from now summoned so that a reference to his evidence be made.

The Sworn Application in the names Galea Testaferrata Simon Advocate Dr vs Muscat Nicholas, Application number 864/19 JVC, has been deferred for hearing to Tuesday, 26th November, 2019, at 9.30 a.m.

 Respondent: St John, Main Street, Mġarr, Malta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 4th November, 2019, by the Court above mentioned (RGM) in the records of the Sworn Application , in the names Cutajar Gaetano pro et noe vs Cutajar Carmel et, Application number 598/19 RGM, the following publication was ordered for the purpose of service of the respondent Cettina Abela, 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 Gaetano Cutajar (ID 371447M) in his own name and in the interest of the absentee Rita Irwin (ID 273556M) vs Carmel Cutajar (ID 705549M), Monica Camilleri (ID 380360M), George Cutajar (ID 184159M), Cettina Abela (ID 623448M), Grace Jones (ID 712052M) on the 18th June, 2019, the applicant Gaetano Cutajar (ID 371447M) in his own name and in the name and in the interest of the absentee Rita Irwin (ID 273556M) in view of that premised in the application asked this Honourable Court:

1. To declare that when the testatrix above mentioned, or rather the deceased Vincenza Cutajar made the will dated fifth (5) of April of the year two thousand and eleven (2011) at eight in the evening (20.00) published by Notary Charles Vella Zarb, she did not have the mental capacities to do this in terms of law; and

2. Consequently declare that the will made by the said Vincenza Cutajar, on the fifth (5) of April of the year two thousand and eleven (2011) at eight in the evening (20.00) published by Notary Charles Vella Zarb is null and without effect.

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

The Sworn Application number 598/19 RGM, in the names Cutajar Gaetano pro et noe vs Cutajar Carmel et, Application number 598/19 RGM has been deferred for hearing to Thursday, 28th November, 2019, at 11.00 a.m.

Applicant: 1. Gaetano Cutajar, 97, Triq iż-Żonqor, Marsaskala

2. Rita Irwin, Simi Valley, California, Stati Uniti ta’l-Amerika

Respondents: 1. … omissis …

  5. Cettina Abela, ‘Casa Abela’, Triq iċ-Ċern, Xgħajra

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th September 2019, Application number 1639/2019 by Carmelo Buttigieg whereby he requested that it will be declared open in favour of Carmelo Buttigieg, Salvina Scicluna, Mary Rose Caruana Smith, Anthony Buttigieg and Angelo Buttigieg the Succession of their sister Dolores sive Doris Buttigieg, unmarried, daughter of the late John Buttigieg and Catherine née Cumbo, born in Żejtun, Malta, resided in Żejtun, Malta and died in Tal-Qroqq, Msida, Malta, on the 13th December, 2018, aged 71, and who held identity card number 0740747M.

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 12th November, 2019, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the 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 Bank of Valletta plc (C 2833) on the 7th November, 2019, the approval of the said judicial acts is being demanded for the amount of €88,637.33 following judicial sale by auction 20/19 in the names Bank of Valletta plc vs Wayne Cassar (ID 75878M) held under the authority of the said Court on the 31st October, 2019.

According to Article 338 (2) 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 the 12th November, 2019, on the application of Azzolini Andrea Claudio (KIYA9423597), Thursday, 23rd January, 2020, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in Room Numbered 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

House of character with arable land of circa 1,935 metres square, numbered thirteen (13), named Ta’ Mananni, in Triq San Iljun, Bubaqra, Żurrieq, with its own airspace, subject to temporary ground rent of €10.48 yearly for 200 years, which commenced on the fifteenth (15th) August, 1907, otherwise free and unencumbered, with all its rights and appurtenances, valued at two million, eight hundred and fifty thousand euro (€2,850,000)

The said tenement is the property of Gysler Gustavo (ID 23693A) and Gysler Valerie (ID 23694A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 9/2018.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 30th October, 2019, of the Rent Regulation Board, in the records of the Application in the names Angelo Gauci et vs Monica Mizzi, Application Number 181/2019JD, the following publication was ordered for the purpose of effecting service on the respondent Monica Mizzi in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Angelo Gauci (ID 0232544M), Josephine Cachia (ID 0278347M), Antonia Cortis (ID 05599250M), Mary Bugeja (ID 0586254M), Carmelo Gauci (ID 0407858M) and Teresa Xuereb (ID 0178162M) vs Monica Mizzi (ID 0991847M) filed before the Rent Regulation Board on the 12th August, 2019, the applicants Angelo Gauci et request with respect that:

The applicants are the heirs of Francis and Victoria spouses Gauci and the actual owners of the premises 423, Triq il-Kbira, Mosta, rented to the respondent towards the rent of €230 every six months payable in May and November of each year.

Although the said premises was originally the ordinary residence of the respondent and of her husband Albert Mizzi today deceased, the respondent has been living in Gozo for several years.

Moreover, the applicants came to know that the respondent made several structural works in the premises without their consent, amongst them that she roofed the yard and filled up the cellar, with prejudice of the value of the premises.

Thus, for the reasons abovementioned the respondents humbly request this Honourable Board to authorise them not to renew the rent of the premises 423, Triq il-Kbira, Mosta and to order the respondent to vacate from the same premises within a short and peremptory time.

Applicants: 36 GT Court, Block D, Flat 11, Triq Jean de la Valette, St Paul’s Bay

Respondent: 42. Triq il-Kbira, Mosta

The application in the names Angelo Gauci et vs Monica Mizzi, Application Number 181/2019JD, has been postponed for hearing to the 20th November, 2019, at 9.30 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 21st October, 2019, in the records of the judicial letter number 3114/19 in the names Phyllis Agius vs Raymond Agius, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Raymond Agius in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Raymond Agius (KI 116054M) of Penthouse 7, Southcliff Apartments, Triq is-Swejda, Marsaskala

By means of this present Phyllis Agius (ID 548855M) of St Rita House, Triq Sant’Antnin, Ħaż-Żabbar, whilst making reference to the contract of amendment of the separation published in the records of Notary Peter Carbonaro of the 16th August, 2017, solicits you so that within two days you pay the amount of €80,000.00 and the amount of €12,800.00 interest that accrued till the 16th August, 2019, according to the same contract – amounting to €92,800.00. This debit is sure, liquid and due and results from the same contract abovementioned.

An official copy of the said contract is attached so that the debt amounting till today to €92,800.00 will be rendered and will become executive title on the basis of Art. 253(b) and 256(2) of Cap. 12 of the Laws of Malta.

If you fail to pay within two days this debit which is sure, liquid and due, the interpellant will proceed further against you according to law to pay this credit.

So much so you may know how to proceed.

With costs and further interests that accrue from today onwards.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 4th November, 2019, of the Civil Court First Hall in the records of judicial letter number 4071/19, in the names Maria Concetta Caruana vs John Camilleri et, the following publication was ordered for the purpose of effecting service on the respondents John Camilleri and Doreen Camilleri in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To John Camilleri (ID 461359M) of Farfett, Ħofret ir-Rizz, limits of Rabat RBT 4330 and Doreen Camilleri (ID 438561M) of Farfett, Ħofret ir-Rizz, limits of Rabat RBT 4330 and/or C&C Discovery, 106, Triq Santa Katarina, Ħal Qormi.

  By the present Maria Concetta Caruana (ID 471451M) of Grandview, P/H 5, Triq San Tumas, Ħal Luqa, whilst making reference to the loan given to you by herself and her husband Salvu Caruana on three seperate occasions, solicits you so that not later than the 3rd November, 2019, you pay her, in solidum or separately amongst you, the total amount of €247,124.47 representing the capital and balance of interest calculated till the 3rd November, 2019.

In default of payment of the above amount due by you till the stipulated date, the interpellant warns you that she will proceed further against you with the issue of the opportune warrants.

So much for your own guidance.

With costs and further interest from the 3rd November, 2019, till the date of effective payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that 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 7th of November, 2019, and this after a written plea numbered 376/2019, ordered:

The correction of the Act of Marriage of Idriss Isa Kuzeni Sare and Aloysia Mercieca, bearing number 2640 of the year 2013, so that the name “Isa” is to be cancelled wherever it appears following the name “Idriss”.

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the seventh (7th) of November of the year two thousand and nineteen (2019) (Application number 122/2019BS) by Antoinette Mangion requested the opening of the succession of Emanuel Borg, who was a pensioner, son of the late Anthony and Mary nee Cini, born and used to reside in Żebbuġ, Gozo, died at Tal-Qroqq, Msida, Malta, on the fourth (4th) of January of the year two thousand and nineteen (2019), intestate, which opening of succession is to be made in favour of his wife Concetta Borg as to one half (1/2) undivided share and in favour of his five children, that is, in favour of Antoinette Mangion as to one tenth (1/10) undivided share, in favour of Miriam Borg as to one tenth (1/10) undivided share, in favour of Joseph Borg as to one tenth (1/10) undivided share, in favour of Michael Borg as to one tenth (1/10) undivided share and in favour of Paul Borg as to one tenth (1/10) undivided share.

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

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 30th September, 2019, in the records of the Sworn Application in the names Portelli Alexandra vs Portelli Mario, Application Number 314/19 AGV, the following publication was ordered for the purpose of service of the respondent Mario Portelli, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application presented in the Civil Court (Family Section) in the names Alexandra Portelli (ID 49767M) vs Mario Portelli (ID 97467M) on the 2nd July, 2019, the applicant Alexandra Portelli asked this Honourable Court:

1. To pronounce the dissolution of the marriage between the parties and uphold the other demands in the application.

The Sworn Application in the names Portelli Alexandra vs Portelli Mario, Application Number 314/19 AGV, has been deferred for hearing to Wednesday, 20th November, 2019, at 9.00 a.m.

Applicant: 73, Dawret il-Qalb Imqaddsa, Birżebbuġa

Respondent: Versailles, 75, Triq it-Tempesta, Qrendi

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree given on the 11th September,2019, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(5) of the Code of Organisation and Civil Procedure (Chapter 12).

By the application filed in the Civil Court First Hall on the 24th June, 2019, by Bank of Malta plc application number 33/19 in the names Bank of Valletta plc with the registration number C 2833 vs Mixer Limited with the registration number C 9942 being asked that the Court orders the sale by auction of:

The Batching Plant built on a portion of land known as in “San Martin” and the surrounding lands situated in “San Martin”, limits of Ħaż-Żebbuġ, Malta which consists of:

i. Land known as “Ta’ San Martin” in the district of “San Martin”, limits of Ħaż-Żebbuġ, Malta measures approximately eleven thousand seven hundred and nine point nine nine square metres (11,709.99 mk) and is situated on a road from Ħaż-Żebbuġ, Malta which leads into Rabat, Malta and bounded on the South by the said road, on the East by property of Santa Skolastika Monastery of Birgu and on the North by property of the heirs of Notary Giuseppe Calleja. as delineated in the Land Registry Certificate number zero seven zero zero zero two zero three (07000203). The said land was acquired by the society a per contract dated thirty of September of year one thousand nine hundred and eighty-eight (30.09.1988) in the acts of Notary Antoine Agius by title of perpetual utile dominju as per judgement given by the First Hall of the Civil Court in the case “Carmelo and Carmen spouses Magri vs Mixer Limited” et given on the seventeen of June of year two thousand and five (17.06.2005).

ii. The divided portion of land known as “Ta’ San Martin” situated in the district of San Martin, limits of Ħaż-Żebbuġ, Malta, measures approximately ten thousand one hundred and seventy square meters (10,170 mk) bounded on the North by property of Mixer Concrete Works Limited and in part by property of Carmelo Mifsud, on the South by property of Mixer Concrete Works Limited and on the East by property of Monastery of San Benedetto of Rabat, Malta as delineated in the Land Registry Certificate number zero seven zero zero zero two zero two (07000202) and the said portion of land was acquired by the society as per contract dated nineteen of November of year one thousand nine hundred eighty-eight (19.11.1988) in the acts of Notary Antoine Agius by title of perpetual utile dominju as per judgement given in the First Hall of Civil Court in the case “Carmelo and Carmen spouses Magri vs Mixer Limited et” given on the  seventeen June of year two thousand and five (17.06.2005).

iii. The divided portion of land known as “Ta’ San Martin” situated in the district of San Martin, limits of Ħaż-Żebbuġ, Malta, measuring one thousand six hundred and sixty-nine square meters(1,669mk)  bounded on the South by property of Carmela and Giuseppe Vella, on the West by property of Carmelo Mifsud and on the East by property of Monastery of San Benedict of Rabat Malta, as delineated in the Land Registry Certificate number zero seven zero zero zero two zero zero (07000200). The said divided portion of land was acquired by the society as per contract dated nineteen of November of year one thousand nine hundred and eighty-eight (19.11.1988) in the acts of Notary Antoine Agius by title of perpetual utile dominju as judgement given by the First Hall of the Civil Court in the case “Carmelo and Carmen spouses Magri vs Mixer Limited et” given on the seventeen June of year thousand and five (17.06.05).

The said tenement is the property of Mixer Limited with the registration number C 9942.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals