Court Notices published in Govt. Gazette No. 20,573 of 16th February 2021

ARB/C006/2021 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 8th February, 2021 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Doreen Clarke LLD). Compilation number 88/2021, in the case:

The Republic of Malta

Versus

SUNDAY IKECHUKWU EBOH, taxi driver, 39 years, son of the late Ignatius Okororiowa (John) Eboh and the late Helen (Elaine) Eboh, born in Nigeria on the 30th September, 1981, residing at 22, St Peter's Court, Blk A, Fl 5A, Triq il-Qroll, San Pawl il-Baħar, and holder of Maltese identity card bearing number 387207L.

COLLINS EGUAVOEN, technician, 29 years, son of the late John and the late Roslin, born in Nigeria on the 1st January, 1992, residing at Splendour Court, Blk B, Fl 2, Triq il-Katakombi, Marsaskala, and holder of Maltese identity card bearing number 9000576A.

ALEXANDRA PACE, unemployed, 57 years, daughter of Francis Galea and Rebecca Galea née Frendo, born in Isla, Malta on the 6th December, 1963, residing at Whitestar, Triq Brittanja, Paola, and holder of Maltese identity card bearing number 48664M.

MARVIS IYEKE, employed, 35 years, son of Iyeke and the late Dora, born in Nigeria on the 7th March, 1985, residing at 76, Splendour Court, Blk B, Fl 2, Triq il-Katakombi, Marsaskala, and holder of Maltese identity card bearing number 44869A.

AND

TONY OGBONNA ANUFORO, security guard, 34 years, son of the late Augustine and Tessie, born in Nigeria on the 14th July, 1986, residing at Bluewaters Suites, Fl 6, Triq Gulju, San Pawl il-Baħar, and holder of Maltese identity card bearing number 147663A.

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 SUNDAY IKECHUKWU EBOH, COLLINS EGUAVOEN, ALEXANDRA PACE, MARVIS IYEKE, and TONY OGBONNA ANUFORO and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Section 23A and Section 23D 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 indicate with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 5, Section 23A and Section 23D 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.

Today, 12th February, 2021

Acting Director, Asset Recovery Bureau

216

Notice,  Registry of the Civil Court (Family Section)

Whereas the plaintiff Anthony Cassar (ID 36061G) filed an application under oath (No. 30/2021JPG) demanding Corrections the Act of Birth of Giuseppe Camilleri Montreal number 136/2011 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,

Registry of the Superior Court,

This 11th February, 2021

Lorraine Dalli
For Registrar, Civil Courts and Tribunals

ARB/C025/2020 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 9th February, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Donatella M. Frendo Dimech, LLD). Compilation number 394/2020 in the case:

The Police

(Inspector Lianne Bonello)

Versus

ALDO CUTAJAR, public officer, 56 years, son of the late John and Maria Carmela née Cremona, born in Ħ'Attard, Malta, on the 28th May, 1964, residing at 345, Yintai, Triq San Pawl, Naxxar, and holder of Maltese identity card bearing number 297364M.

ISABEL CUTAJAR, unemployed, 52 years, daughter of Anthony Schembri and Pauline Schembri née Pisani, born in Ħ'Attard, Malta, on the 9th July, 1968, residing at 345, Yintai, Triq San Pawl, Naxxar, and holder of Maltese identity card bearing number 287068M.

AND

GEMINI DESIGNS STUDIOS LIMITED.

The Court AUTHORIZED the accused ALDO CUTAJAR to receive the monthly amount of three hundred and sixty five euro (€365) from the bank account held in his name ending -017 at Bank of Valletta plc, and AUTHORISED the accused ISABEL CUTAJAR to receive the monthly amount of one thousand, one hundred and sixty four euro and sixty-eight (€1,164.68) from the bank account held in her name ending -434 at Bank of Valletta plc as part of the amount authorized by law which is thirteen thousand, nine hundred and seventy six euro and twenty-four cents (€13,976.24) each, as per Court decree dated 9th February, 2021.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Josette Demicoli, LLD), on the 16th August, 2020, which was published in the Government Gazette on the 21st August, 2020, and following the extension of the freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD), on the 24th August, 2020, which was published in the Government Gazette on the 27th August, 2020, 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 ALDO CUTAJAR, ISABEL CUTAJAR and GEMINI DESIGNS STUDIOS LIMITED.

Acting Director, Asset Recovery Bureau

Notice, Registry of The Civil Court (Family Section)

Whereas the plaintiff Kristy Vidal (I.D. 331889M) filed an application under oath (No. 35/2021JPG) emanding Corrections the Act of Birth of Naveen Vidal number 1407/2014 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,

Lorraine Dalli

For Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Dr Kevin Dingli noe filed an application under oath (No. 83/21/JVC) demanding the Correction of the Act of Public Registry of Mark Aaron Paltin No. 5630/2015 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

By means of a decree given on the 22nd January, 2021, in the records of the judicial letter number 691/2020, in the names Mapfre Middlesea plc vs V&M Turnkey Limited, the Courts of Magistrates(Malta), ordered the following publication for the purpose of effecting service on the respondent company V&M Turnkey Limited, in terms of Article 187(3) of Cap. 12 of the Laws of Malta.

In the Courts of Magistrates (Malta)

To V&M Turnkey Limited (C60618) of J. Micallef Builders, Ta' Għadajma, l/o Mqabba, Mqabba

By means of the present Mapfre Middlesea plc (C5553) of Middlesea House, Floriana as subrogated by policy and at law in the rights of its insured Ivan Bonnici (ID 368077M) of Block 3, Flat 5, Triq San Duminku, Valletta, and the same Ivan Bonnici, solicits you so that within five days from the date of notification of this judicial letter you come forward to assume your responsibilities for the road accident which occurred on the 21st March, 2019, in Triq San Pawl, Valletta, when the scaffolding fell and caused damages to the vehicle with registration number IVN 127 property of Ivan Bonnici and insured by the applicant Mapfre Middlesea plc, and to pay the amount of €849.48 representing the damages incurred by the interpellant.

This letter is being sent for the effects and purposes of law especially in terms of Cap. 104 of the Laws of Malta and serving to interrupts the prescription in terms of article 2128 of Cap. 16 of the Laws of Malta.

In default of abiding with that requested, the applicants will have no alternative but to take further legal procedures against you according to law.

With costs of this present and legal interest till the date of effective payment.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 6th March, 2019, handed down by the First Hall of the Civil Court in the records of the judicial letter number 4115/2016 in the names Automated Revenue Management Services Limited noe vs Infratec Pro Limited, the following publication was ordered for the purpose of effecting service on the respondent company Infratec Pro Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Infratec Pro Limited (C26290) of F10, Bologna Centre, Mosta, Technopark, Mosta

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A, for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €74,714.13, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meters, administrative costs connection and disconnection fees together with interest due on the amount according to law regarding the utility bill number 411000004119 regarding the premises MIP Ifratec Pro, Techno Park, Mosta which amounts to €74,714.13.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 8th May, 2020, given by the Civil Court First Hall in the records of judicial letter number 10/2020, in the names Registrar of Civil Courts and Tribunals vs Euro Imports Limited, the following publication was ordered for the purpose of effecting service on the respondent company in terms of Article 187(3) et sequitur Cap. 12.

In the First Hall of the Civil Court

To Euro Imports Limited ta' Swieqi Res Comp, Blk C, Fl 1, Triq il-Qatta, Swieqi

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Republic Street, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €650 due by you as Registry fees in connection with the law suit in the names:

Marina Milling & Grain Handling Co Ltd (C343) vs Euro Imports Limited (C26684) (JA1, JRM, TM) decided on the 27th September, 2019.

You can also pay online by accessing the website: ecourts.gov.mt and choose the link 'Ħallas id-Dritt tar-Reġistru tal-Qorti' (Pay Court Registry Fees). In default the applicant reserves the right to proceed further against you according to law.

So much for your own guidance

With costs

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 28th October, 2020, following a request by Paola Bartolo it was ordered that deputy curators be chosen to represent the absentee Carmelo sive Charles Bartolo in the records of Appeal number 2386/98, in the names Carmelo sive Charles Bartolo pro et noe vs Paola Bartolo et and in the other relative and subsequent acts.

By means of an Application, filed in the Court of Appeal, in the names Carmelo sive Charles Bartolo in his own name and as mandatary of his siblings who are abroad Agostino sive Winston Bartolo, Salvatore Bartolo and by a decree of the 28th June, 2010, the Court ordered that the case proceeds by Joseph Stanley Bartolo, Monica Maria Bartolo and Glorianna Bartolo instead of Salvatore Bartolo who died during the proceedings and John Bartolo and during the sitting of the 31st January, 2000, Agostino Bartolo appeared personally and assumed the acts of the case vs Paola Bartolo, Maria Bartolo, Doris Cuschieri, Emanuel Bartolo and Joseph Bartolo all siblings Bartolo, on the 3rd October, 2014, the applicants Paola Bartolo (ID 179637M), Maria Bartolo (ID 0446342M), Doris Cuschieri (ID 0967246M), Emanuel Bartolo (ID 488944M) and Joseph Bartolo (ID 249549M) requested with respect;

That the case in the names above mentioned, the plaintiffs (now respondents to the appeal application) requested that on the 13th October, 1981, Angela Bartolo mother of the parties, died, that on the 27th June, 1984, Joseph Bartolo the father of the parties died; and by a will unica charta dated 22nd April, 1980, in the records of Notary Angelo Vella the late Joseph and Angela Bartolo nominated as their universal heirs all the parties in equal shares between them; that the parties have in common between them the property that they inherited from their parents, and the applicants do not wish to remain in co-ownership with the parties; that notwithstanding that they have been solicited to appear for the division of the hereditary assets of their parents by means of a judicial letter dated 10th August, 1998, the respondents remained in default. They requested the First Court to (i) liquidate the community of acquests previously in existence between the spouses Joseph and Angela Bartolo by declaring that it consists of those items which will result during the proceedings; (ii) divides the community of acquests in two equal portions, such that one of them is assigned to Joseph Bartolo and the other is assigned to his wife Angela Bartolo; (iii) liquidates the particular assets of Joseph Bartolo, by declaring that it consists of half of the community of acquests assigned to him and in those other items which will result during the proceedings; (iv) divides the particular assets of Joseph Bartolo in nine equal portions, which portions are to be assigned to each of the applicants siblings Bartolo by lot; (v) liquidates the assets of Angela Bartolo by declaring that it consists of half of the community of acquests to her assigned and in those items which will result during the proceedings; (vi) divides the assets of Angela Bartolo in nine equal portions which portions will be assigned to each of the parties siblings Bartolo by lot; (vii) nominates architects for the liquidation and division above mentioned; and (viii) nominates a notary to publish the deed of division on the date, time and place ordered by here, and also deputy curators to represent the parties who might eventually fail to appear on the same deed. With costs, including those of the judicial letter dated 10th August 1998, against the respondents who from now are summoned so that a reference to their oath be made.

By means of their statement of defence, the defendants, now appellants, pleaded in defence that: (i) in the first instance the applicant Carmelo sive Charles Bartolo has to provide a proof of the mandate give to him by the other applicants, all living abroad; and (ii) on the merits, the applicants also agree that the hereditary assets of their parents Joseph and Angela Bartolo have to be liquidated and dividend as long as their wish as expressed in their wills is respected. Save for any other defences.

By means of a judgment given on the 16th September, 2014, the First Court decided the case and (i) declared that the inheritance consists in things that are mentioned in the same judgment; (ii) ordered the respondents so that within thirty days from the date of the same judgment they deposit under the Authority of the Court the items made of gold and which are mentioned in the judgment, and ordered that they are sold by auction after an estimate is made and on a date and time which are still to be fixed upon a request to that effect by any one of the parties; (iii) condemned the respondent/s Paola and Maria Bartolo to pay each of the applicants (four in all) the amount of Lm2,551.4 (€5,942.78) each one of them with interest from the date of judgment, as their share from the income from the fields of Tal-Pwales and (b) Joseph Bartolo to pay each one of the applicants (four in all) the amount of Lm1,275.62 (€2,971.39) with interest from the date of judgement, as their share from the income of the fiels of Tal-Pwales. Any claim which the plaintiffs may have for any period from the year 2000, remains unprejudiced; (iv) condemned the siblings Paola and Maria Bartolo to pay each one of their siblings, the amount of €1,811.74 with interest from the date of judgment, as their share of money that were at the house of their parents; (v) in so far as concerns the placing in possession of the legacies, there is an agreement for this to take place. There is no speċifiċi request which deals with this point. The parties can easily ensure that the placing in possession takes place since there is no contestation on this point; and (vi) the issues which relate to: (a) an alleged debt from Nahla Investments Limited; and property which is of the same Company (b) division of the lease of the land at Tal-Pwales and Mizieb, farm and caves; (c) divsion of the sub-direct dominium of the land at Tax-Xatt or Tal-Hofra, Xemxija, San Pawl il-Baħar, remain unprejudiced. The costs are to be equally dividend between the parties in the sense that each party is to make good 1/9 of the expenses.

That the respondents, now appellants, felt aggrieved by the judgment and therefore are filing his appeal therefrom, before this Honourable Court.

The grievances are clear and manifest and consist in the following:

1. As a result of the appealed judgment, the respondents now appellants, Paola and Maria Bartolo were condemned to pay each of the applicants (four in all) the amount of Lm2,551.4 (€5,942.78) each one of them, with interest from the date of judgement, as their share of income from the fields of Tal-Pwales, whilst the respondent appellant Joseph Bartolo was condemned to pay each one of the applicants (four in all) the amount of Lm1,275.62(€2,971.39) with interest from the date of judgement as their share from the income from the fields of Tal-Pwales.

… omissis …

2. As a result of the appealed judgement the respondents appellants Paola and Maria Bartolo were also condemned to pay their siblings the amount of €1,811.74 with interest from the date of judgement as their share of money that was found in their parents home.

… omissis …

3. Therefore, in view of all the above, the appellants, whilst making refererence to all the evidence filed and reserve their rights to file further evidence as allowed by law, humbly request this Honourable Court to vary the appealed judgment by (i) deciding and ordering that amongst the items which the First Court has declared to form part of the estate of the spouses Joseph and Angela Bartolo, the rent which is collected from the lease of the fileds at Pwales and Mizieb, a farm which is leased in Pwales, limits of San Pawl il-Baħar and an undivided share of the caves in Pwales, limits of San Pawl il-Baħar are excluded, t ogether with the sum of Lm7,000 in cash which is alo to be excluded together with the appealed decision in relation to the items which are to be divided (ii) deciding and ordering that out of the items which were left unprejudiced with the aforementioned judgment, the division of the lease of the land at Pwales and Mizieb, the farm and the caves is to be excluded; (iii) revoking the judgment with respect to the respondents, now appellants, Paola and Maria Bartolo in so far as they were ordered to pay each of the applicants (four in all) the amount of Lm2,551.4 (€5,942.78) (each one, with interest from the date of judgement as their income from the fields of tal-Pwales; (iv) revoking the judgment with respect to the respondent now appellant Joseph Bartolo who was condemned to pay each of the applicants (four in all) the amount of Lm1,275.62 (€2,971.39) with interest from the date of judgement, as their share from the income of the fields of tal-Pwales; and (v) revoking the judgment in so far a sit ordered the respondents, now appellants, Paola and Maria Bartolo to pay each one of their siblings the amount of €1,811.74 and interest from the date of judgement, as their share from the money that were found at home of their parents whilst confirming the judgment in all its remaining parts, and this with costs of the two instances that have to be supported by the applicants, now responding to this appeal.

The appeal in the names Carmelo sive Charles Bartolo pro et noe vs Paola Bartolo et, Appeal number 2386/1998, is postponed for hearing to the 9th March, 2021, at 8.30 a.m.

Applicant: 25, Tower Street, St Paul's Bay

Respondent 1. Carmelo Bartolo, Villa Bartolo, Wardija Heights, Wardija

2. Agostino Bartolo, 40 Pwales Rd, St Paul's Bay

Deputy Curators, Law Courts, 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 Court of Appeal, above mentioned,

with the witness of the Hon. Mr Chief Justice Mark Chetcuti, 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 18th September, 2020, following a request by Ballut Blocks Services Limited it was ordered that deputy curators be chosen to represent the respondents in the acts of the schedule of deposit number 1349/2020 in the names Ballut Blocks Services Limited 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 Ballut Blocks Services Limited (C8360) vs Deputy Curators to represent Giuseppa wife of Pasquale Xuereb, daughter of the late Salvatore Attard and Grazia her maiden surname is unknown born and resided in Ħaż-Żebbuġ, Malta, without identity card number and the birth date is unknown, it is unknown if she is still alive or if she is presumed dead; deputy curator to represent Filippa wife of Carmelo Pace daughter of the late Salvatore Attard and Grazia her maiden surname is unknown born and resided in Ħaż-Żebbuġ, Malta, without identity card number and the birth date is unknown, it is unknown if she is still alive or if she is presumed dead; deputy curators to represent Concetta wife of Antonio Agius daughter of the late Salvatore Attard and Grazia her maiden surname is unknown born and resided in Ħaż-Żebbuġ, Malta, without identity card number and the birth date is unknown, it is unknown if she is still alive or if she is presumed dead; deputy curators to represent Carmelo Attard son of the late Salvatore Attard and Grazia her maiden surname is unknown born and resided in Ħaż-Żebbuġ, Malta, without identity card number and the birth date is unknown, it is unknown if he is still alive and he is presumed dead; deputy curators to represent Geraldo Attard son of the late Salvatore Attard and Grazia her maiden surname is unknown born and resided in Ħaż-Żebbuġ, Malta, without identity card number and the birth date is unknown, it is unknown if he is still alive or if he is presumed dead; deputy curators to represent Giuseppe Attard son of the late Salvatore Attard and Grazia her maiden surname is unknown born and resided in Ħaż-Żebbuġ, Malta, without identity card number and the birth date is unknown, it is unknown if he is still alive or if he is presumed dead; deputy curators to represent Antonio Attard son of the late Salvatore Attard and Grazia her maiden surname is unknown born and resided in Ħaż-Żebbuġ, Malta, without identity card number and the birth date is unknown, it is unknown if he is still alive or if he is presumed dead; deputy curators to represent Nazzareno Attrard son of the late Salvatore Attard and Grazia her maiden surname is unknown born and resided in Ħaż-Żebbuġ, Malta, without identity card number and the birth date is unknown, it is unknown if he is still alive or if he is presumed dead; deputy curators to represent Paolo Attard son of the late Salvatore Attard and Grazia her maiden surname is unknown born and resided in Ħaż-Żebbuġ, Malta, without identity card number and the birth date is unknown, it is unknown if he is still alive or if he is presumed dead; deputy curators to represent Filippo Attard son of the late Salvatore Attard and Grazia her maiden surname is unknown born and resided in Ħaż-Żebbuġ, Malta, without identity card number and the birth date is unknown, it is unknown if he is still alive or if he is presumed dead; deputy curators to represent Emanuele Attard, son of the late Salvatore Attard and Grazia her maiden surname is unknown born and resided in Ħaż-Żebbuġ, Malta, without identity card number and the birth date is unknown, it is unknown if he is still alive or if he is presumed dead and deputy curators to represent Rosa Attard, unmarried daughter of the late Salvatore Attard and Grazia her maiden surname is unknown born and resided in Ħaż-Żebbuġ, Malta, without identity card number and the birth date is unknown, it is unknown if she is still alive or if she is presumed dead, on the 15th September, 2020, the applicant Ballut Blocks Services Limited (C8360) respectfully submitted:

That by means of a contract in the acts of Notary Doctor Sam Abela dated 9th March, 2017 (attached Doc. A) the applicant company acquired two portions of land adjacent to each other known as plots 4 and 5 of total amount of about 3,250 square meters forming part of the lands known as Ta' Hesri sive Ta' Bordin in the limits of Siġġiewi bounded from the East and North East with an alley without name from where they have access and from the South East with property of Philip Micallef or his successors, subject to the rate of annual and perpetual groundrent of €12.81 previously Lm5.50 payable to the respondents, with all its rights and appurentances including the airspace and underneath as shown on the attached plan Document B;

The said two portions of land include a room and a yard (sometimes referred to as two rooms) without name and without number that are found on the ground floor accessible from the alley above mentioned, and with stairs, one of which leads to plot number 4 above mentioned, and also to another room, that is the attic that is found on the room and the yard mentioned that is accessible from plot number 4 above mentioned, in the same alley and locality. These rooms have the same boundaries of the portions of land above mentioned, including the airspace and their underlying space and they are subject to their rate from the annual and perpetual groundrent above mentioned, with all its rights and appurtenances.

That the applicant company has the interest to redeem the annual and perpetual groundrent regarding the said divided portions of land, and thus the applicant company wishes to avail itself of the option given to it in terms of article 1501 of the Civil Code to redeem the same groundrent.

That the annual and perpetual groundrent in the amount €12.81 capitalised at the rate of 5% and thus amounts to €256.20.

Thus, the applicants are humbly calling upon this Honourable Court and under its authority are depositing the total amount of €256.20 representing the redemption of groundrent in the amount of €12.81 which amount will be freely withdrawn after leaving the relative receipt according to law and according any other provision which regulates the redemption of groundrent.

 Applicant: Ballut Blocks, Wied Filep, limits of Naxxar

Respondents: Deputy Curators

Director Public Registry, Casa Bolino, West Street, Valletta

Lands Registrar, Casa Bollino, Casa Bolino, West 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 Lawrence Mintoff, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 21st January, 2021, Application number 97/2021, by Mario and Noel brothers Spiteri whereby they requested that it will be declared open in their favour in equal shares between them the Succession of their father Anthony Spiteri, widower of Carmen Spiteri née Bellizzi, son of the late Aristarco Spiteri and Angela née Debono, born in Ħamrun, Malta, resided in Birkirkara, Malta, and died in Msida, Malta, on the 28th October, 2020, aged 82, and who held identity card number 0336538M.

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 8th January 2021, Application number 26/2021, by Carmen sive Carmelina Meilak née Galea et whereby they requested that it will be declared open in favour of Carmen sive Carmelina Meilak, wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Dorianne Meilak and Josianne Aquilina in equal shares between them the Succession of Emanuel Meilak, husband of Carmen sive Carmelina née Galea, son of the late Gaetano and Carmela née Borg, born in Marsa, Malta, resided in Ħamrun, Malta, and died in Msida, Malta, on the 31st July, 2020, aged 77, and who held identity card number 0022643M.

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 11th January, 2021, Application number 38/2021, by Carmen Buttigieg et whereby they requested that it will be declared open in favour of Carmen Buttigieg, wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Michael Buttigieg and Therese Bugeja in the quota of one fourth (1/4) undivided share each one of them the Succession of Alfred Buttigieg, husband of Carmen Buttigieg, son of the late Michael Buttigieg and Mary née Vassallo, born in Ħamrun, Malta, resided in Marsaxlokk, Malta, and died in Msida, Malta, on the 11th December, 2019, aged 79, and who held identity card number 411740M.

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 8th January, 2021, Application number 32/2021, by Maria Elena sive Marlene Inguanez whereby she requested that it will be declared open in favour of Maria Elena sive Marlene Inguanez, Vincent Micallef and Raymond Micallef in the quota of one third (1/3) undivided share each one of them the Succession of their mother Spiridiona Micallef widow of Carmelo Micallef, daughter of the late Lorenzo Borg and Giovanna Borg née Mucat, born in Birkirkara, Malta, resided at St Vincent de Paule, Ħal Luqa, Malta, and died in Ħal Luqa, Malta, on the 9th August, 2020, aged 91, and who held identity card number 614328M.

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 21st January, 2021, Application number 102/2021, by Mario and Noel brothers Spiteri whereby they requested that it will be declared open in their favour in equal shares between them the Succession of their mother Carmela Spiteri wife of Anthony, daughter of the late Joseph Bellizzi and Vincenza née Grech, born in Msida, Malta, resided in Birkirkara, Malta and died in Imsida, Malta on the 30th October, 2014, aged 69, and who held identity card number 0289745M.

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

DKR 88/2014 – Variation of a Freezing Order

It is being notified that by a decree dated 16th October, 2020, given by the Criminal Court (Mr Justice Dr Aaron Bugeja, LLD) following an application filed by Ganado Trustees and Fiduciaries Limited as trustees of the The Sydney Trust and of Elnara Shorazova on the 24th September, 2020, in the case in the names:

The Attorney General

Versus:

Elnara Shorazova, 44 years, born on the 11th April, 1976, at Alma-Ata, Kazakhstan, residing at number 12, 'Qui Si Sana Court', Flat 6, Qui Si Sana Sea Front, Tas-Sliema, Malta, and holder of identity card bearing number 57732A;

Rakhat Shoraz also known as Rakhat Mi. Aliyev;

Olympia Yachting Limited registered in Malta with registration number C55516, the shareholder of which is Ganado Trustees & Fiduciaries Limited, registered in the address 171, Triq il-Fran, Valletta;

Aj Trust (Malta);

Sydney Trust (Malta);

Athina Trust (Malta);

Acquarius Trust Company Limited (Gibraltar);

Aurelius Holdings Limited (Gibraltar);

EDS Holdings Ltd registered with number C43705 25/16 Vincenti Buildings, Triq id-Dejqa, Valletta;

Crimson Limited registered 25/16 Vincenti Buildings, Triq id-Dejqa, Valletta;

Bonġu Media Malta Limited of 1332, Pender Gardens, Triq Ivo Muscat Azzopardi, St Julian's;

Malta Press Agency Limited of 1224, Pender Gardens, Triq Ivo Muscat Azzopardi, St Julian's.

The Court Authorized The Society Ganado Trustees and Fiduciaries Limited as trustees of The Sydney Trust to deposit the money deriving from the lease of the property L' Etoile, 6, Triq Fomm l-Għeliema in their account bearing number 40020187099 at the Bank of Valletta Branch in Triq ir-Repubblika, Valletta, which bank account shall remain affected by the freezing order.

The Court also Authorized The Society Ganado Trustees and Fiduciaries Limited as trustees of The Sydney Trust to pay from the money above indicated thus deposited in the account of Sydney Trust any tax due to the authorities concerned as well as to pay from the same deposited money from the account of Ganado Trustees and Fiduciaries Limited as trustees of The Sydney Trust, the water and electricity bills including any arrears in connection with the services of the water and electricity supply in the above mentioned property.

This variation is being published according to Article 435C of Cap. 9 of the Laws of Malta and of Article 10 of Cap. 373 of the Laws of Malta following another decree given by the same Court on the 2nd July, 2020, and published in the Government Gazette of the 17th Julyb 2020, following another decree given by the same Court on the 8th May, 2020, and published in the Government Gazette of the 29th May, 2020, following another decree given on the 8th June, 2018, by the same Court and published in the Government Gazette of the 26th June, 2018, following another decree given on the 27th March, 2018, by the same Court and published in the Government Gazette of the 8th May, 2018 following another decree given on the 27th June, 2016, by the same Court and published in the Government Gazette of the 30th August, 2016, following another decree given on the 20th January, 2016, and following an attachment order which decree was given on the 25th Frar, 2014, and published in the Government Gazette of the 4th March, 2014.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals (Malta)

By a decree given on the 27th January, 2021, 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 (3) of the Code of Organisation and Civil Procedure (Cap. 12):

By decree given by the Civil Court, First Hall on the 3rd February, 2021, on the application of HSBC Bank Malta plc (C3177), Thursday, 22nd April, 2021, 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:

Apartment internally marked numbered two (2), situated on the second floor, forming part of a block of apartments named Redentur Flats, in Triq Salvu Busuttil, San Ġwann, bounded on the North by the same road, on the East by the stairwell of the same block and in part by property of the successors in title of John Gracey, on the West by property of the successors in title of John Gracey and half undivided share of the stairwell that leads to the said apartment together with his half undivided share of the roof, subject to annual and perpetual ground rent of ninety-three euro cents (€0.93) each year as described in the public contract in the acts of Notary George Bonello Dupuis dated eighteen (18)th September one thousand nine hundred and eighty five (1985) valued at one hundred ninety five thousand euro (€195,000).

The said tenement is the property of Curmi Martin (ID 559564M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 39/2018.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Court of Appeal,on the 11th November, 2020, in the records of the Application of Appeal 217/04/1, in the names Zelda Zerafa vs Gaetano Costa et, the following publication was ordered for the purpose of service of the respondents Zelda Zerafa and Lorraine Fino, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application,filed, in the Court of Appeal, in the names Zelda Zerafa vs Gaetano and Lorraine spouses Costa and by decree of the Court of the 19th January, 2006, Dr Tonio Azzopardi and PL Hilda Ellul Mercer were appointed Deputy Curators to represent the absent Gaetano Costa and by note of the Court of the 31st January, 2006, Dr Tonio Azzopardi was substituted and instead Dr Richard Sladden was appointed as Deputy Curator to represent the absent Gaetano Costa and by decree of Court of the 28th January, 2010, the appointment of Dr Richard Sladden as curator was revoked and he is being removed from the cause and in the minutes of the 15th March, 2016, the Court ordered that the surname of Lorraine Costa read Lorraine Fino and this in view of the separation and Chairman of Enemalta Corporation and by decree of the 3rd May, 2017, the Court, ordered that 'Enemalta plc' assume the records instead of the 'Corporation Enemalta' on the 4th May, 2020, the applicant Enemalta plc (C65836) respectfully pleaded,

That this Appeal follows a cause whereby the applicant in these procedures the respondent asked this Honourable Civil Court First Hall to declare some amounts due to the interpellant in these procedures, the appellant Enemalta plc for the consumption of utilities as well as rent for meters which had to be paid by the respondents Costa and Fino and that the appellant Enemalta plc had to be found responsible for some damages that alledgedly the respondent suffered when the supply of electricity in her property in St Paul's Bay, was cut.

In the same cause before the Honourable First Hall Civil Court, the appellant Enemalta plc made a counter-claim that the respondent Zelda Zerafa had to be condemned to pay the relative value for the consumption of utilities of rent for meters as well as interest and costs.

… omissis …

That in the decision of the 26th February, 2020, the Honourable First Hall Civil Court after considering all the demands and pleas, saw that the proof gathered the notes of submissions of the parties and heard the final pleadings in order to exclude the pleas of prescription and legitimate defendant and considered that the only dispute that was still pending before it was that regarding who from the respondent Zelda Zerafa and the respondents Costa and Fino had to pay the balance due to the appellant Enemalta plc in the value of twelve thousand one hundred sixty seven euro and fifty three cents (€12,167.53) which accumulated from April 1998 to November 2001.

That the Honourable First Hall declared that the respondents Costa and Fino were responsible for the payment of the pendencies due to Enemalta plc in the value as liquidated and condemned them to pay whilst it rejected the rest of the demands of the respondent Zelda Zerafa.

That the Honourable First Hall Civil Court also passed to reject the reconventional demand of the appellant Enemalta plc in so far as the respondent Costa and Fino were condemned to pay the balance due to it instead of the appellant.

This humble appeal is being filed as regards the part of the judgement appealed regarding the responsibility for the payment of the amount due to the appellant Enemalta p.l.c. the part of the decision where the amount due to the appellant Enemalta plc is of (€12,167.53) is not contested and is to be confirmed.

The Grievances of the Appeal

That the appellant Enemalta plc feels aggrieved by the judgement of the 26th February, 2020, in the names premised and is thus filing this humble appeal from it.

That the grievances of the appellant are clear and manifest and consist in the following,

The First Grievance: The nullity of the decision number 217/2004 AF, given on the 26th February, 2020, since the heading thus not reflect all the parties.

The Second Grievance: Without prejudice to the first grievance the Honourable First Hall Civil Court, should have never freed the respondent Zelda Zerafa from its legal,and contractual obligations towards the appellant Enemalta plc.

The Third Grievance: Consequently, the reconventional demand of the appellant Enemalta plc had to be upheld with the respondent Zelda Zerafa to be found responsible for the payment due and be condemned to make the payment to Enemalta plc.

… omissis …

Thus, whilst referring to the proof produced and reserving to bring further proof according to law the appellant Enemalta plc respectfully prays this Honourable Court, to annul the judgement number 217/2004 /AF, in the names given on the 26th February, 2020, on the basis of the First Grievance or in case that this Honourable Court reject the first grievance, regarding the request for nullity reform the judgment appealed given on the 26th February, 2020, in the names premised by revoking it in so far as it upheld the first 1 and 3 demands of the respondent Zelda Zefafa and there be rejected the reconventional demand of the appellant Enemalta plc and condemn the same Zelda Zerafa to pay Enemalta p.l.c. the amount due as liquidated in the judgement appealed saving any declaration regarding the right of the plaintiff to claim back the amount she has to pay to the appellant by the defendants Costa and Fino, whilst confirming the judgement appealed as for the rest, with costs against the respondents.

Notify: 1. Zelda Zerafa, No. 3, Beach Flats, St Publius Street, St Paul's Bay

  2. Lorraine Fino, 44, La Vallette Court, Flat 4, Triq il-Villeġġjatura,  St Paul's Bay

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals