Court Notices publisehd in Govt. Gazette no 20,425 of 19 June 2020

ARB/C018/2020 – TEMPORARY FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 13th June, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature – (Magistrate Dr Yana Micallef Stafrace LLD). Compilation Number 256/2020 in the case:

The Police

(Inspector Anthony Scerri)

Versus

JEFFREY CASSAR, soft drink vendor, 36 years, son of the late Emanuel and Natalie née Bugeja, born in Tal-Pietà, Malta on the 24th May, 1984, residing at 58, Pandora, Triq il-Bufula Ħamra, Mosta, Malta and holder of Maltese Identity Card bearing number 258584M.   

ORDERED the temporary 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 JEFFREY CASSAR 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 the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Section 22A, Section 5 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 property made in contravention of the said Court order shall be null and without effect at law.

THE DIRECTOR, ASSET RECOVERY BUREAU

By means of a decree given, by the Civil Court (Family Section) on the 28th February, 2020, in the records of the Sworn Application in the names Aquino Maria Zandra pro et noe vs Aquino Hilarion Colastre et, Application Number 231/2019 AGV, the following publication was ordered for the purpose of service of the defendant Hilarion Colastre Aquino (1D 22695A) 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 Maria Zandra Aquino with passport of the Philipines number EC4899026 in her own name and in the names of her daughtr Liza Aquino who was born on the 12 th January of the year, 2015, vs 1)Hilarion Colastre Aquino (ID 22695A); 2) Oliver Veneziani (ID 120177M) on the 4th October, 2019, the applicant Maria Zandra Aquino, with passport of Philipines number EC4899026, asked the defendants to state why this Honourable Court should not,

1. Declare that the defendant Oliver Veneziani is the natural father of the minor Liza and not the other defendant Hilarion Colastre Aquino and uphold the other demands in the application.

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

Applicant: 181, Mifsud House, Flat 4, Triq Orsini, Gwardamanġa.

Defendant: Oliver Veneziani, 45, Triq San Leonardo, St Peter, Ħaż-Żabbar.

The Sworn Application in the names Aquino Maria Zandra pro et noe, Aquino Hilarion Colastre et, Application 231/2019 AGV,has been deferred for hearing to Tuesday 30 th June 2020, at 9.00 a.m.

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 12th November 2019, Application number 2026/2019 by the Attorney General, whereby Silvio Spiteri, son of an unknown father and of Rita Spiteri, born in Tal-Pietà on the 30th September 1985 and residing in Ħal Kirkop and holding identity card number 494685M was Incapacitated by means of a decree given on the 9th January, 2020, under the conditions therein mentioned.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 11th June, 2020, on the application of Bank of Valletta plc C 2833, Wednesday, 9th September, 2020, has been fixed for the Sale by Auction to be held by broker Jesmond Mizzi at 1/2, Triq il-Kbira San Ġużepp, Ħamrun, of the following items seized from the property of Property Network Limited (C 9870).

55,000 shares in Datatrak Holdings plc society today known as Loqus Holdings plc (C 27140);

95,000 shares in Datatrak Holdings plc society today known as Loqus Holdings plc (C 27140);

174,000 shares in Datatrak Holdings plc society today known as Loqus Holdings plc (C 27140).

N.B. The said shares will be sold as described in the acts of the judicial sale number 12/19.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 11th June 2020 on the application of Adv. Dr Christian Farrugia (ID 473663M) et noe, Thursday, 10th September, 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:

Property named 'Aurora' numbered thirty five (35) street level (elevated ground floor) and an underlaying garage at semi basement level numbered thirty seven (37) in Triq il- Fuħħar, Mosta. The property is let for a period of fifteen (15) years commenced from the 1st of December 2011 for the sum of €350 monthly. The value of the property adjusted according to the effect of the let is valued at three hundred and forty nine thousand euro and seven hundred and eighty one euro (€349,781).

The said tenement is the property of Michael Joseph Zahra (British Income Tax Registration No 887511630) and Simon Anthony Zahra (British Income Tax Registration No 887510632) as the heirs of the late Anthony Zahra (Maltese passport number 326595) and by decree of the 26th June, 2015, Dr Mark A. Mifsud Cutajar u l-PL Melissa Anastasi had been nominated for the interest of Michael Joseph Zahra and Simon Anthony Zahra.

N.B. The said tenement will be sold as described in the acts of judicial sales file number 4/2018.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court First Hall on 11th June, 2020, on the application of Farrugia Jesmond (ID 507171M), Thursday, 15th September, 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 Archives, Level -1 Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Property which includes a portion of land occupied by two farms without number, one known as 'Farmhouse tar-Riħ' and the other known as 'Catherine's Domain', in Tar-Riħ in territory known as Tal-Madliena, in the part known as Munxar, Ta' Gidem, and Ta' Newma limits of Ħad-Dingli, bounded on the south by Triq l-Irdum formely known as Dingli Cliffs Road, on the East in part by property of the Government of Malta and in part by property of the heirs of the late Notary Joseph Felix Abela and others, on the West by a public road for the price of two million and three hundred thousand euro (€2,300,000) as said in the judgement given on the 27th October, 2017 by Judge Hon. Joseph Azzopardi, Application number 1091/12.

The said tenement is the property of Ellul Ġiuseppa (ID 675537M) and Farrugia Jesmond (ID 507171M).

N.B. The said tenement will be sold as described in the acts of judicial sales file number 24/2018.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 15th June, 2020, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organisation and Civil Procedure.

Whereas by a decree dated the 15th June, 2020, in the records of the schedule of deposit and contextual redemption of groundrent number 86/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Stephen Farrugia, self-employed, son of the deceased Franġisku Farrugia and Nicolina nee Buttigieg, born in Ta' Sannat, Gozo on the 26/08/1950 and residing The Arches, Triq Santa Domenica, Victoria, Gozo, holder of identity card number 70050G, and his wife Josephine Farrugia, housewife, daughter of the deceased Loreto Rapa and Lina nee Pantalleresco, born in Għajnsielem, Gozo on the 8th of February, 1955, holder of identity card number 12155G.

Whereas in virtue of a liberation of the 18th July, 2016, by the Court of Magistrates Gozo, Superior Jurisdiction, General Section, in the records of the sale by judicial auction number 22/2016 in the names of Agnes Zammit vs Joseph Xuereb et, the exponent acquired a divided portion of the land situated at Triq Għajnsielem, Għajnsielem, Gozo measuring approximately four hundred and forty-seven square metres (447m.k.) and bounded from the South by the same road, East by property of Joseph Xuereb or his successor in title and North by the property of the family Cascun or more appropriate boundaries. 

Whereas it transpires that originally, this portion of land was acquired in virtue of a deed dated 21st February, 1941, in the records of Notary Antonio Galea by Anthony Xuereb and was subject to an annual and perpetual groundrent of two (2) shillings and six (6) pence. Whereas this amount is equivalent to twelve (12) cents and five (5) mills (Lm0.12,5) equivalent to twenty-nine euro cents (€0.29).

Whereas the exponents would like to avail themselves of the opportunity granted by Article 1501 of the Civil Code and redeem the groundrent.

Whereas the total amount of the annual and perpetual groundrent of twenty-nine euro cents (€0.29) capitalised at five percent (5%) amouts to five euro and eighty-two euro cents (€5.82).

Now therefore the exponent brings the matter before this honourable court and deposits under its authority the amount of five euro and eighty-two euro cents (€5.82) which amount may be freely withdrawn by the respondent and this after due receipt according to law.

You, the executive officer of the Court of Magistrates (Gozo), are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six (6) days, and by means of a minute to submit a declaration that they would like to so act.

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Simone Grech LLD, M. Jur., (Eur. Law), Magistrate of the said Court.

SILVIO XERRI

For the Registrar, Gozo Courts and Tribunals

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 2nd of June of the year two thousand twenty (2020) (Application number 39/2020BS), Mary Anne wife of Anthony Refalo in representation of Josephine Galea, widow of Joseph Galea, requested the opening of the succession of Joseph Galea, son of Michael Galea and Rita nee Said, born in Xagħra, Gozo and used to reside in the State of Victoria, Australia, died in Ballarat, Victoria, Australia, on the nineteenth (19th) of June of the year two thousand and six (2006), testate, that according to testamentary research  that was carried out on Joseph Galea in Malta resulted that he didn't have a will in Malta but he has drawn a will in  Australia on the 16th December of the year nineteen ninety-two (1992), which opening of succession is to be made in favour of his wife Josephine Galea, widow of Joseph Galea, daughter of the late John Vella and Ernesa nee Camilleri, holder of Australian passport number N3411612, with regards to the assets that belonged to him and that are situated in Malta.

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

Bann for Curatorrs

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 12th June, 2020, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reporduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organisation and Civil Procedure.

Whereas by a decree dated the 12th of June, 2020, in the records of the schedule of deposit and contextual ground rent number 97/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Miriam Grech, employee, unmarried daughter of the late Peter Paul Grech and Giorgia nee Borg, born and residing in Nadur, Gozo, holder of identity card number 23773G; Martin Grech, employed, son of the late Peter Paul Grech and Giorgia nee Borg, born and residing in Nadur, Gozo, holder of identity card number 9469G; Joseph Grech, self-employed, son of the late Peter Paul Grech and Giorgia nee Borg, born and residing in Nadur, Gozo, holder of identity card number 22065G; and Pauline sive Paola Spiteri, employed, wife of Carmel Spiteri, daughter of the late Peter Paul Grech and Giorgia nee Borg, born in Nadur, and residing  in Marsalforn limits of Żebbuġ, Gozo, holder of identity card number 45863G, in their capacity of heirs of their late father Peter Paul Grech versus curator to represent unknown parties owners of the direct dominium of twenty-one euro cents (€0.21c) on the land described hereunder, filed on the  11th of June, 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts.  The applicants respectfully submit:

That they have inherited from their father Peter Paul Grech the portion of land known as 'Tal-Budes' sive 'Tal-Barumbara' in the limits of Nadur, Gozo measuring circa seven hundred and fifty-nine square metres (759sq.m.) bounded North with Triq Franġisk Attard, East with property of Dun Ġużepp Said and South with property of Karmnu Portelli, or their successors in title or more accurate boundaries, subject to the annual and perpetual groundrent of nine cents (Lm0.09c) equivalent to twenty-one euro cents (€0.21c), otherwise free and unencumbered and with all its rights and appurtenances, as better shown outlined in red on the plan and site-plan herewith annexed and marked Document 'A';

That on the causa mortis declaration of the said Peter Paul Grech the said portion of land is listed as subject to an annual and perpetual groundrent of nine cents (Lm0.09c) equivalent to twenty-one euro cents (€0.21c), but there is no declaration as to whom this groundrent is payable;

That the declarants want to make use of the faculty given to them by Article 1501 of the Civil Code and redeem this ground rent, which capitalised at five percent (5%) amounts to four euro and twenty cents (€4.20);

That the declarants have no idea of the identity of the person or entity who might have the right to receive this groundrent;

That in order to liberate themselves from all responsibility, the declarants want to deposit under the authority of this Court all the arrears of groundrent due as from the date of acquisition of this land and therefore from the year one thousand nine hundred and seventy-eight (1978) which amount to eight euro and eighty-two cents (€8.82).

Therefore in order to liberate themselves from all responsibility they are delivering to this Honourable Court and depositing under its authority the global sum of thirteen euro and two cents (€13.02) due as above explained, which sum can be withdrawn by whom has the right to it, after leaving the relevant receipt.

You, the executive officer of the Court of Magistraes (Gozo) are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six days, and by means of a minute to submit a declaration that they would like to so act.

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of offical curators.  And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section, under the signature of Magistrate Dr Brigitte Sultana LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit.,  Magistrate of the said Court.

MAUREEN XUEREB

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by the Court of Appeal on the 2nd June, 2020, in the records of the Application in the names Sean Borg vs Johan Haber, Application Number 13/20, the following publication was ordered for the purpose of service of the respondent Sean Borg, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Court of Appeal, Application Number 13/20, Arbitration Number M 5641 /2019, Sean Borg (ID 458889M) vs Johan Haber (ID 7309G), decided 3/3/2020, the applicant Johan Haber (ID 7309G) respectfully pleaded:

1. In this mandatory Arbitration the respondent Sean Borg asked the appellant Johan Haber to be condemned to pay the sum of €10,141.60 representing damages suffered following a car accident which occurred on the 6th April, 2018, in Triq l-Ewropa, Rabat, Gozo, between the vehicle with number plate FCE-773 driven by the interpellant and that with number plate AUD-132 driven by the respondent.

… omissis …

3. By the award given on the 3rd March, 2020, the Arbitrator Dr Stefan Camilleri found the interpellant solely responsible for the accident and condemned him to pay the amount demanded of €10,141.60, with interest from the 20th March, 2019, and with all costs against him.

4. The interpellant felt aggrieved by this decision and is thus filing this humble appeal.

B. Sequence of the incident

5. It results that the street where the accident occurred is residential with two lanes with the traffic passing in two different directions. The two drivers were in the same lane going towards the direction of the Citadel and the interpellant was in front of the respondent.

6. However the parties gave conflicting versions regarding the sequence of the accident.

7. The Arbitrator completely avoided the version of the respondent and considered as credible and true the version of the interpellant.

9. The interpellant felt aggrieved by the conclusion of the Arbitrator that the interpellant is exclusively responsible for the accident. The grievances are clearly manifest and consist in the following.

C. The First Grievance. The Arbitrator was mistaken when he found the interpellant guilty.

10. The interpellant testified thus: 'I switched on the right indicator that no vehicles were coming from the back on the right as well as the front and started to turn slowly.' The manoeuvre of the interpellant was evidently cautious and prudent.

… omissis …

12. Apart from the excessive speed of the respondent it resulted also that his manoeuvre, that of overtaking, was in each case dangerous and riskful. It is an established principle both by law as well as by jurisprudence that an overtaking manoeuvre is in itself dangerous and riskful and thus is to be made with the utmost caution and attention.

… omissis …

18. The Arbitrator was thus mistaken when he decided that the fault is of the interpellant. It is the respondent who has to answer for his imprudent and negligent manoeuvre when he tried to overtake in a residential street, in the dark and with execessive speed.

19. The interpellant understands that the fact that the driver switches on the indicator does not give an absolute right to do what he is indicating, because this sign indicates only the intention of the driver namely that within sufficient time he indicates the manoeuvre he wants to do.

… omissis …

21. Nothing indicates that the interpellant was not driving the vehicle in a regular manner or that he failed from his duty in such a manner that he put himself in a postion that he could not avoid the accident.

22. The truth is that the interpellant did not see the respondent not because he did not keep a proper lookout, but because the respondent was coming at an excessive speed and was far when the interpellant started the manoeuvre of the right hand turn.

23. The reasonable conclusion is that at the moment of the execution of the manoeuvre of the interpellant, the vehicle of the respondent was still very far away and it was only when the manoeuvre of the interpellant was complete that the respondent came face to face with the interpellant.

24. Thus the accident occurred solely and exclusively due to the fault of the respondent who tried to overtake in a residential street in the dark with excessive speed.

D. In the worst hypothesis the respondent contributed to the accident.

25. In any case if however and in the worst hypothesis this honourable Court considers that the interpellant did not keep a proper lookout and this till the point that when it is noticed that the overtaking is dangerous according to a prudent driver who can always forsee that the vehicle that he is overtaking can change the route, the driver should always avoid to do the same overtaking.

… omissis …

29. Once the respondent following his own admission saw beforehand the interpellant in front of him and saw that the street becomes narrow and that there was was a side road on the left side, he should have desisted from the overtaking he had in mind in the light of that required by the regulations of the Code for Street Traffic abovementioned. The fact that the respondent decided to still take a chance and continue to pass shows lack of observance on his part of that diligence necessary for prudent traffic according to the said regulation.

30. In this sense thus the respondent at least also contributed for the accident and should bear part of the fault once he continued to drive at excessive speed in a residential zone.

31. As regards the apportionment of responsbility the interpellant remits himself to the superior judgement of this Court.

E. Demand

32. Thus the appellant prays that this Honourable Court annul cancel and revoke in whole the arbitration decision in the names Sean Borg vs Johan Haber given on the 3rd March, 2020, at the Arbitration Centre of Malta, by the Arbitrator Dr Stefan Camilleri and consequently declare that the accident occurred solely due to faults attributable to the respondent Sean Borg, with costs of both instances against the same respondent.

Notify respondent: Sean Borg, Xendent, Triq tal-Ibraġ, Swieqi

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

DKR 211/2012 – CANCELLATION OF A FREEZING ORDER

It is being notified that following judgement dated 27th March, 2014, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature – (Magistrate Dr Neville Camilleri LLD), Compilation Number 1314/2011, in the case in the names:

The Police

(Inspector Yvonne Farrugia)

versus

Gaetano Mark Savery, 43 years,  son of Mark Gilbert and Carmen  nee Spiteri, born in  Dover, England on the 8th of  September, 1976, residing at  Binja 21 ta' Settembru 1964, Entrance F, Flat 5, Triq Taż-Żwejt, San Ġwann, Malta and holder of Maltese Identity Card bearing number  88396M.

The Court ordered the cancellation of the freezing order of all the assets of the said Gaetano Mark Savery which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri LLD) by a decree dated 2nd July, 2012, and published in the Government Gazette of the 6th July, 2012.

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 276/2011 – CANCELLATION OF A FREEZING ORDER

It is being notified that following judgement dated 24th October, 2013, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature – (Magistrate Dr Antonio Giovanni Vella LLD), Compilation Number 628/2011, in the case in the names:

The Police

(Inspector Maurice Curmi)

versus

Gaetano Mark Savery, 43 years,  son of Mark Gilbert and Carmen  nee Spiteri, born in  Dover, England on the 8th of  September, 1976, residing at Binja 21 ta' Settembru 1964, Entrance F, Flat 5, Triq Taż-Żwejt, San Ġwann, Malta and holder of Maltese Identity Card bearing number  88396M.

The Court ordered the cancellation of the freezing order of all the assets of the said Gaetano Mark Savery 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 1st December, 2011, and published in the Government Gazette of the 12th December, 2011.

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)

Notice Registry of the Civil Court, First Hall

Whereas Marius Abela (ID No. 747744M) filed an application under oath (No. 404/2020 JVC) demanding the correction of the Act of Marriage No. 7477/1994 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 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 15th June, 2020, and this after a written plea numbered 348/2020, ordered:

The correction of the Act of Death of Clara Muscat, bearing number 724 of the year 1966, so that the name and surname of the parents are to be indicated as “Carmelo Agius" and “Giovanna nee Grech" instead of the incorrect “John Mary Agius" and “Francesca nee Galea" respectively in the section with the heading: “Name and surname of the father and mother whether alive or dead" and the age of the deceased should be indicated as “83" instead of the incorrect “72" in the column with the heading “age".

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree given by the Civil Court First Hall by this Court (JVC) on the 3rd June, 2020, in the records of the Sworn Application in the names Bartholomew Bonett vs George Borg, Application Number 321/2020 JVC, the following publication was ordered for the purpose of service of the respondents Bartholomeo Bonett and Nadia Bonett, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the records of the Sworn Application Number 610/15 JVC, in the names George Borg (ID 349953M), Josianne Borg (ID 357956M), Simon Muscat (ID 570662M) and Angela Bonnici (ID 466268M) and by means of a decree dated 5th November, 2019, the records were transferred onto the name of Nicholas Bonnici and Jean Paul Bonnici, following the death of Angela Bonnici during the proceedings vs Bartholomew Bonett (ID 444966M) and his wife Nadia Bonett (ID 4011372M) and in the records of the Garnishee Order Number 521/2020, in the names Bartholomeo Bonett (ID 444966M) and his wife Nadia Bonett (ID 401372M) vs George Borg (ID 349953M), Josianne Borg (ID 357956M), Simon Muscat (ID 570662M), Nicholas Bonici (ID 541864M), and Jean Paul Bonnici (ID 195901L) on the 21st May, 2020, the applicant George Borg (ID 349953M) et in terms of Article 836 of Cap. 12 of the Laws of Malta respectfully pleaded:

That on the 15th May, 2020, Bartholomeo Bonett (ID 444966M) and his wife Nadia Bonett (ID 401372M) (herein under known as 'Bonett') asked and obtained the issuing of a precautionary garnishee order against the interpellants George Borg (ID 349953M), Josianne Borg (ID 357956M), Simon Muscat (ID 570662M), Nicholas Bonnici (ID 541864M) and Jean Paul Bonnici (ID 195901L) herein under known as 'Borg et' and this in order to safeguard the sum of €300,000 (three hundred thousand euro).

… omissis …

That with due respect the request for the issuing of the present warrant was abusively made and without a valid reason according to law and furthermore the reasons for the issuing of the same were unfounded in fact and at law.

… omissis …

Thus the applicants whilst reserving to make further submissions and bring forward the neceessary proof during the sitting for the hearing of the present application humbly asked this Honourable Court:

1. To order that the precautionary garnishee order 521/2020, in the names Bartholomeo Bonett (ID 444966M) and his wife Nadia Bonett (ID 401372M) vs George Borg (ID 349953M) et be revoked and cancelled for the reasons brought forward in the application.

2. Condemn Bartholomeo Bonett (ID 444966M) and his wife Nadia Bonett (ID 401372M) to pay the appropriate penalty in terms of Articl 836(8) of Cap. 12 of the Laws of Law and this for the reasons mentioned in this request.

3. In default that this Honourable Court uphold the first and second demand above brought forward order Bonett so that within a fixed time they give a reasonable guarantee for the payment of damages and interest and in default order the issuing of the opportune counter-warrant to the present precautionary order and this in terms of Article 838A of Cap. 12 of the Laws of Malta.

4. Order the Commissioner of Police in order to investigate the behaviour of Bonett and subsequently institute the necessary procedures and according to law against Bonett.

With costs of these procedures against the applicant Bonett and saving any further action due to the respondents including for damages.

Notify:

Bartholomeo Bonett, Il-Girna, Triq Dun Karm, Birkirkara or 490, Flat 5, Triq San Pawl, San Pawl il-Baħar

Nadia Bonett, Il-Girna, Triq Dun Karm, Birkirkara or 490, Flat 5, Triq San Pawl, San Pawl il-Baħar

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals