Court Notices published in Govt. Gazette No. 20,657 of 5th July 2021

By means of a decree given, by the Civil Court First Hall (Constitutional Jurisdiction) on the 8th April, 2021, in the records of the Constitutional Application, in the names Mario Tabone sive Tabone Ferro et, vs The State Advocate et, Application number 64/2021 JVC, the following publication was ordered for the purpose of service of the respondent Communist Party, Malta,in terms of Article 187(3) et sequitur of Cap.12.

By means of a Constitutional Application, filed, in the First Hall Civil Court, (Constitutional Jurisdiction) in the names Mario Tabone sive Tabone Ferro (ID 564854M)Antoinette Tabone (ID 410957M) vs The State Advocate (Casa Scaglia 16, Triq Mikiel Anton Vassalli, Valletta, Comunist Party Malta (28/8, Vincenti Buildings, Strait Street, Valletta, on the 8th February, 2021, the applicant Mario Tabone sive Tabone Ferro (ID 564854M) respectfully pleaded:

1.That the applicants are the owners of the premises with official number 28/8, previously 14/8, Vincenti Buildings, Strait Street, Valletta, which they acquired by judicial sale under the Authority of the First Hall Civil Court, on the 23rd June 1995, with all its rights and appurtenances which premises has been long leased to the Comunist Party Malta, for long decades much before the 1st June, 1995, and thus with the application of Cap. 69 of the Laws of Malta;

2. That the rent before the 1st June 1995, was of €466 yearly payable every year in advance every 11th June of each year;

3. That the applicants were and are still bound to renew the lease indefinitely with the same rent and conditions due to the dispositions of Cap 69 of the Laws of Malta;

4.That the increases in rent to which the interpellants are entitled according to Act X of 2009, are very poor when compared with the rental value of the premises on the market;

5. That the protection given to the lessees by the dispositions of Cap 69 of the Laws of Malta and Act X of 2009 are not just and do not create a balance of proportionality between the rights of the owner and those of the lessee and thus violate the Constitution of Malta and the First Article of the First Protocol of the European Convention and Article 6 of the same Convention;

6. That the rental value of the premises de quo is much higher from that the applicants are to receive as imposed by law in such a manner that by the dispositions of Article 34, 37 and 45 of the Constitution of Malta and Article 14 and Article 1 of the First Protocol of the European Convention, Cap 69 of the Laws of Malta as amended by Act XXX1 of 1995 and the amendments made by Act X of 2009 and the amendments of Act XXV11 of 2018 not only caused discrimination but also violate the constitutional rights as protected under the Article of the Constitution of Malta, as well as Article 1 and 14 of the Protocol No. 1 and Article 6 of the European Convention.

… omissis …

Thus, the applicants respectfully pray that this Honourable Court saving any necessary and opportune declaration and for the reasons premised the respondents are to state why it should not:

1. Declare and decide that the facts above exposed constitute a violation of the fundamental rights of the applicants as sanctioned in the First Article of the First Protocol of the European Convention made part of the law of Malta, in virtue of the Act regarding the European Convention (Cap. 319 of the Laws of Malta) and as sanctioned in Article 37 of the Constitution of Malta,

2. Consequently declare and decide that the present lease of the premises with number 28/8 previously 14/8 ,Vincenti Buildings, Strait Street, Valletta, property of the applicants in favour of the respondents Communist Party Malta, the provisions of Cap. 69 of the Laws of Malta, of Act X of 2009 and other current laws violate the fundamental rights of the applicants as sanctioned in Article 1 of the First Protocol of the European Convention and Article 37 of the Constitution of Malta and thus are null and/or inapplicable in regard to the applicants as regards the property de quo and uphold the other demands in the application amongst which the liquidation of compensation and pecuniary and non-pecuniary damages suffered by the applicant condemn the respondent State Advocate to pay the applicants the same compensation and damages as demanded in the application.

With all costs and the respondents are summoned so that a reference to their evidence be made.

The Constitutional Application in the names Mario Tabone sive Tabone Ferro et vs The State Advocate et, Application number 64/2021 JVC, has been deferred for hearing to the 15th July, 2021, at 9.10 a.m.

Notify: Comunist Party, 28/8, Vincenti Bldgs, Strait Street, Valletta

Adv. Frank Pirtelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 28th June, 2021, on the application of Auto Sales Ltd (C491), Thursday, 4th November, 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:

Property named 'Redentur', in Sqaq il-Ġerrejja, limits of Triq is-Serkin, Marsa, free and unencumbered valued at two hundred and fourty thousand euro (€240,000).

The said tenement is the property of Portelli Pauline (ID42180M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 77/2016.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 25th June, 2021, following a request by Bank of Valletta plc it was ordered that deputy curators be chosen to represent Stephen Roger Smith in the acts of the judicial protest number 137/2017 in the names Bank of Valletta plc vs Stephen George Roger Smith et and in the other relative and subsequent acts.

By means of a judicial protest filed in the First Hall of the Civil Courts on the 26th April 2017, Bank of Valletta plc (C2833) against deputy curators Stephen George Roger Smith, a British citizen born on 23rd May 1969, currently residing at HMP Wormwood Scrubs prison P.O. Box 757, Du Cane Road, London W12 OAE, holder of British Passport number 037294 739, the Honourable Parliamentary Secretary for Planning and Administrative Simplification, The Commissioner of Land, The Lands Authority and The Attorney General, whereby by means of this present Bank of Valletta plc reverently exposing:

1) That by a judgment delivered by the First Hall of the Civil Court on the 31st May, 2012, in the names Bank of Valletta plc vs Dr Mark Busuttil and PL Luisa Tufigno nomine – Application number 756/2010MC, Bank of Valletta plc was adjudged creditor of respondent Stephen George Roger Smith in the sum of €153,879.42 together with interest from the 15th July, 2010, until the date of actual payment and judicial costs.

That this bank credit is secured against the debtor inter alia with a Special Hypothec on two properties, i.e:

i) Special Hypothec and Special Privilege on the apartment without airspace, internally numbered 3, situated on the left side of the second floor level when looking at the facade of the block from outside, forming part of Block C, which block forms part of a complex without official number named Swieqi Residential Complex which has its facade on Triq il-Qasam and Triq il-Qatta' Swieqi. Including the undivided share of the common parts in Swieqi Residential Complex, including as well the washroom internally marked with the number C3 and a divisive part of the roof marked C3. Including as well the airspace on the washroom and on the divided part of the roof and garage at the basement level, internally marked number 38 forming part of a complex of garages, which complex forms part of the Swieqi Residential Complex and has access from Triq il-Qatta'. Including the undivided share of the common parts of the complex of garages.

ii) Special Hypothec on the apartment, without its own airspace, internally numbered 7, forming part of Block B, which Block forms part of a development called Bellagio in St Luke's Road, corner with St Joseph Street, Gwardamanġa limits of Tal-Pietà. This apartment is located on the left side of Block B when looking at the block from St Joseph Street and located on the third floor level. Including the undivided share of the common parts of the block, however excluding the roof and airspace of same block. Subject to the annual and perpetual groundrent of €1.75.

And this as results from the Note of Inscription of the Hypothec registered in the Public Registry of Malta – volume with the letter I and the serial number I 07884/2006.

2) That by virtue of a judgement delivered by the First Hall of the Civil Court on 9th May, 2011, in the names The Attorney General vs Stephen George Roger Smith decree of the 25th November, the company Bank of Valletta plc was called into suite (Application number 1158/2010MC), this Honourable Court ordered the seizure and consequent transfer of ownership from respondent Stephen Roger Smith in favour of the Government of Malta as represented by the respondents the Honourable Parliamentary Secretary for Planning and Administrative Simplification, the Commissioner of Land, the Lands Authority and the Attorney General, of the immovable property described in paragraphs (i) and (ii) above –mentioned. The court added that this Order of consequent transfer for the execution of an order of a foreign forfeiture in favour of the Government of Malta is being made without prejudice and without prejudicing the rights of third parties and specifically in this instance the Bank of Valletta, that such bank has on the property and assetes trasferred by means of that judgement, for the purpose and insofar as allowed by Law remain untouched.

3) That, the Malta Government as represented by the respondents The Honourable Parliamentary Secretary for Planning and Administrative Simplification, the Commissioner of Land, The Land Authority and the Attorney General is the Third Party of the properties mentioned above and this in terms of Articles 2069, 2070, 2017 et sequitur of the Civil Code (Cap. 16 of the Laws of Malta) which transfer was made to the Holder third party Government of Malta, without all that is required by law so that the property is released from hypothecary rights of the protestant creditor Bank of Valletta plc.

Therefore, the Bank, while bringing the above to the formal notice of the respondent debtor Stephen Smith and third party possessor Government of Malta, call upon the debtor respondent Stephen Smith to pay the debt mentioned above and the same third party possessor Government of Malta as represented by the respondents the Honourable Parliamentary Secretary for Planning and Administrative Simplification, the Commissioner of Land, the Land Authority and the Attorney General to pay the debt abovementioned that today amounts to the sum of €230,118.32 together with further interest from 26th September, 2016, until the date of effective payment and including the relative judicial expenses or to release of the property above indicated as provided for by law and ie:

i) the apartment without airspace, internally numbered 3, situated on the left side of the second floor level when looking at the facade of the block from outside, forming part of block C, which block forms part of a complex without official number named Swieqi Residential Complex which has its facade on Triq il-Qasam and Triq il-Qatta' Swieqi. Including the undivided share of the common parts in Swieqi Residential Complex, including as well the washroom internally marked with the number C3 and a divided part of the roof marked C3. Including as well the airspace on the washroom and on the divided part of the roof and garage at the level basement level, internally marked number 38 forming part of a complex of garages, which complex forms part of the Swieqi Residential Complex and has access from Triq il-Qatta'. Including the undivided share of the common parts of the complex of garages.

ii) the apartment, without its own airspace, internally numbered 7, forming part of Block B, which Block forms part of a development called Bellagio in St Luke's Road, corner with St Joseph Street, Gwardamangia limits of Tal-Pietà. This apartment is located on the left side of Block B when looking at the block from St Joseph Street and located on the third floor level. Including the undivided share of the common parts of the block, however excluding the roof and airspace of same block. Subject to the annual and perpetual groundrent of €1.75.

Which property was inscribed in the name of the third party possessor the Government of Malta through a note of enrollment filed in the Public Registry of Malta volume with Ins letters. Ins progressive number 10535/2011 and thus company Bank of Valletta plc puts the respondent in bad faith, negligence and delay for all intents and purposes of law.

With costs

Protesting company: Bank of Valletta plc, 1/5 Misraħ San Ġorġ, Valletta.

Respondents :

1. Stephen George Roger Smith, a British citizen born on 23rd May, 1969, currently residing at HMP Wormwood Scrubs Prison P.O.Box 757, Du Cane Road, London W12 OAE, holder of British passport number 037294 739

2. The Honourable Parliamentary Secretary for Planning and Administrative Simplification, Auberge de Baviere, Valletta

3. The Commissioner of Land, Auberge de Baviere, Valletta

4. The Lands Authority – Auberge de Baviere, Valletta

5. The Attorney General, The Palace, Valletta

6. Deputy Curators

You are therefore ordered to affix an official copy of these banns 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 these banns, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Francesco Depasquale, LLM (IMLI) LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals