Court Notices published in Govt. Gazette no 20,496 of 7th October 2020

ARB/C039/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 5th October, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Doreen Clarke LLD). Compilation number 507/2020 in the case:

The Police

(Inspector Marshal Mallia)

Versus

HABIBA GARNOU, self-employed, 44 years, daughter of Mohammed and Mubarka, born in Morocco, on the 15th November, 1975, with no fixed address in Malta and holder of Moroccan passport bearing number FZ1513428.

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 HABIBA GARNOU 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 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 property made in contravention of the said Court order shall be null and without effect at law.

The Director, Asset Recovery Bureau

By a Decree of the 6th October, 2020, 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 Adv. Ann Fenech noe on the 1st October, 2020, the approval of the said judicial acts is being demanded for the amount of €4,100,000 following judicial sale by auction 14/2020 in the names Adv. Ann Fenech noe vs Vessel Andino (IMO No. 9399765) held under the Authority of the said Court on the 30th September 2020.

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​