Court Notices published in Govt. Gazette No. 20,675 of 30th July 2021

ARB/C054/2021 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 25th July, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD). Compilation Number 463/2021, in the case:

The Police

(Inspector Steven Ryan Micallef)

Versus

SZYMON WOJCIECH STOKLOSA, food courier, 21 years, son of the late Kristof Stoklosa and Grazyna Stoklosa, born in Tarnowskie Gory, Poland on the 17th October, 1999, without a fixed address in Malta and holder of Polish identity card bearing number 785470.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to SZYMON WOJCIECH STOKLOSA and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by him, in terms of Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

ORDERED the attachment in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to SZYMON WOJCIECH STOKLOSA and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Article 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, where his means permit; provided that the Court shall determine what moneys may be paid or received by the accused during the existence of this order, including the source, method and other modalities of payments including salary, wages, pension and/or social security benefits following a request by the accused himself.

Any person who acts in contravention of the court order as mentioned in Article 36, Article 22A, Article 5, and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve (12) 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.

Acting Director, Asset Recovery Bureau

ARB/C026/2021 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 14th July, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Rachel Montebello LLD). Compilation Number 230/2020, in the case:

The Police

(Inspector Lianne Bonello)

Versus

MATTHEW AZZOPARDI, police officer, 43 years, son of Edmond and Esmeralda née Portelli, born in England on the 7th July, 1978, and residing at 3, Triq ir-Rixtellu, Ħal Luqa and holder of Maltese identity card bearing number 594178M.

The Court acknowledged that the amount mentioned as per freezing order of two thousand and twenty-two euro and eleven cents (€2,022.11) is in the custody of the Director of the Asset Recovery Bureau and shall continue to be held by him. Thus, any other moneys and other movable or immovable property attached in the hands of third parties can now be released.

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 Rachel Montebello, LLD) on the 6th July, 2020, which was published in the Government Gazette on the 23rd April, 2021, where the court ordered the attachment in the hands of third parties in general of moneys and other movable or immovable property up to a limit of two thousand and twenty-two euro and eleven cents (€2,022.11) which are due to or pertaining to or belonging to MATTHEW AZZOPARDI.

Acting Director, Asset Recovery Bureau

By decree given by the Civil Court, First Hall on the 10th May, 2021, on the application of Bank of Valletta plc (C2833), Thursday, 30th September, 2021, at half past ten in the morning (10.30 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:

Tenement numbered fifty four (54) previously numbered seventy two (72) in Triq Santa Marija, Ħaż-Żebbuġ, Malta, including its airspace and the underlying basement, with a well in common with the adjacent properties previously numbered seventy one (71) and seventy three (73) respectively, with the wellhead in the entrace as described in the acts of Notary Doctor John Spiteri dated thirtieth (30) July, one thousand nine hundred and ninety seven (1997), free and unencumbered and valued at eight hundred and fifty thousand euro (€850,000).

The said tenement is the property of Gouder Maria Gloria (ID 499159M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 52/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By a decree given on the 21st July, 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 23rd March, 2021, on the application of Michael Attard Limited (C32362) and by request of Commissioner of Revenue, Tuesday, 14th September, 2021, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction to be held in room number 78 nearby the Archives, Level -1, Triq ir-Repubblika, Valletta, of the following property:

One of eight (1/8) of an undivided share of a two floor corner house with entrance in Triq Ġorġ Borg Olivier, Rabat. The share is valued at nineteen thousand, three hundred and seventy five euro (€19,375).

The said tenement is the property of Anthony sive Antoine Vassallo (ID 825847M) and Antonia Vassallo (ID 187446M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 15/2015.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by a decree of the 20th of July, 2021, given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, the Court ordered that the hereunder extract be published for the purpose of service according to article 338(1) of the Code of Organisation and Civil Procedure (Cap. 12)

Whereas by an application and a concurrent schedule of set-off filed by Angelo Mizzi (ID 22058G) in his own name and on behalf of Paul Mizzi (ID 36055G), Joseph Mizzi (ID 38349G), Margherita Mizzi (ID 8451G), Salvu Mizzi (ID 61846G) u Grace Sciberras (ID 97447G) on the 19th of July, 2021, the approval of the said set-off is being demanded for the amount of €210,857, and this subsequent to the judicial sale by auction number 11/2015 in the names of 'Maria Salvina sive Maria Galea vs Angelo Mizzi et', held under the authority of the said Court on the 12th of July, 2021.

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.

Daniel Sacco

For The Registrar

By means of a decree given, by the Court of Appeal,on the 19th November, 2020, in the records of the Application of Appeal,in the names Martin Gatt vs Victoria Bonanno, Application number 65/20, Application for the Registration of a Judgement of the Ecclesiastical Tribunal, the following publication was ordered for thr purpose of service of the respondent Victoria Bonanno, 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 Martin Gatt (ID 0331074M) vs Victoria (Victoria Jane) Bonanno (ID 0199578M) on the 30th September, 2020, the applicant Martin Gatt, respectfully pleaded:

1. That on the 30th August, 2017, the Regional Tribunal of First Instance for the Maltese Ecclesiastical Province of the Catholic Church gave a judgement which was published on the 16th September, 2017, in the cause for the declaration of nullity of the marriage which took place between the applicant and the respondent on the 26th May, 2006, in the Sanctuary of the Madonna of Mellieħa, in virtue of this judgement the said marriage was thus declared null;

That from this judgement no appeal was made and thus the judgement became definitive in such a manner that the Tribunal issued also the relative executive decree;

That the marriage above mentioned is registered civilly at the Public Registry, that the applicant is a Maltese citizen, domiciled also in Malta and wishes to avail himself of the provisions of Article 23 et sequitur of Cap. 255 of the Laws of Malta, so that the decision of the Ecclesiastical Tribunal above mentioned be registered and be civilly recognised;

That their exist all the requisites so that the said judgement be registered and be registered and recognised civilly and declared executable in Malta.

Thus, for the reasons above mentioned the applicant respectfully prays this Honourable Court:

1. To order the registration in the Public Registry of the judgement of the 30th August, 2017, of the Regional Tribunal of First Instance of the Maltese Ecclesiastical Province of the Catholic Church in virtue of which a defintive judgement in the cause for the declaration of nullity of the marriage which took place between the applicant and the respondent was given and this so that the said judgementof the Tribunal shall have efect as if it were a decision by a Court and became res judicata;

2. Give every directive and other provision it deems fit and opportune.

Notify Respondent: Flat 1, St Anne Flats, Triq il-Kunsill tal-Ewropa, Mellieħa

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 22nd July, 2021, on the application of Bank of Valletta plc (C2833), Thursday, 14th October, 2021, at noon (12.00 p.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:

The apartment on groundfloor level including the two (2) yards, internally marked number two (2), forming part of a block of apartments number fourty (40) previously numbered thirty eight (38), named 'Bajada Buildings' situated in Triq il-Makna tas-Serrar, Msida. The said apartment is on the right hand side as one faces the block from the said street and is underlying third party property, enjoys active rights and is subject to servitudes in favor to third parties, resulting from its position, which includes third parties windows overlooking onto the yards forming part of apartment number two (2) and the passage of services of third parties from the same yard. The apartment includes the undivided share pro rata with the owners of the said block of all parts intended for common use including the entrance, entrance hall, stairs, landings, stairwell leading onto the roof and the roof and is subject to the annual and perpetual sub-ground rent of four euro and sixty cent (€4.60), part of a greater annual and perpetual sub-groundrent of fourty nine euro and nine cent (€49.09) imposed on the whole block, and with all its rights and appurtenances and valued at one hundred and ninety-five thousand euro (€195,000).

The said tenement is the property of Borg Maria (ID 121981M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 13/14.

Gaetana Aquilina

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 the twenty second (22nd) of July of the year 2021 the Court of Magistrates (Gozo) Superior Jurisdiction, Voluntary 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 22nd July 2021 in the records of the application number 68/2021BS by the Court of Magistrates (Gozo), Superior Jurisdiction, Voluntary Section, upon an application filed by Joseph Portelli, holder of Maltese identity card number 85347G; Coronato Portelli, holder of Maltese identity card number 61660G; Mario Portelli, holder of Maltese identity card number 11758G; Violet Buttigieg, holder of Maltese identity card number 248485M; Rita Galea, holder of Maltese identity card number 39462G; Salvina Cutajar, holder of Maltese identity card number 31051G; Georgia Attard, holder of Maltese identity card number 36759G; Michelina Attard, holder of Maltese identity card number 68646G; Carmel Portelli; holder of Maltese identity card number 60445G who appears in his own name as well as for and on behalf of (i) Johanna sive Joanne Sciberras, holder of Maltese identity card number 27708L; (ii) Richard Meilak, Australian driving license number 033510918; and (iii) Justin Magro, Australian driving license number 055898331; Alfred Portelli, holder of Maltese identity card number 456G; Emanuel Portelli, holder of Maltese identity card number 14550G; and Eucharist Camilleri, holder of Maltese identity card number 29161G who appears for and on behalf of Joseph Camilleri, passport number 519345325, to nominate a deputy curator to represent Jacqueline Michelle Lee, filed on the 23rd June, 2021, in the Court of Magistrates (Gozo), Superior Jurisdiction, Voluntary Section, in the mentioned record as well as the other related and subsequent acts. They respectfully premised:

1. Whereas applicants own in unequal and undivided shares between them (and together with Jacqueline Michelle Lee) a portion of land known as 'Tax-Xemmiex' in Triq ir-Ramla l-Ħamra, Nadur, Gozo, including a garage without official name or number which has been constructed on part of the said land; the whole measuring three hundred and three square meters circa (303sqm) and bounded west by the said street, north by property of Mario Portelli, and south by property of Violet Buttigieg, free and unencumbered, with vacant possession and with all of its rights and appertunances; as better outlined on the site-plan attached herewith as document 'A';

2. Whereas Jacqueline Michelle Lee, above-mentioned, is the daughter of the late Emanuel Camilleri and the late Maria née Portelli;

3. Whereas the above-mentioned property was originally acquired by John and Pawla spouses Portelli during their marriage; and whereas the said John and Pawla spouses Portelli had twelve (12) children out of the said marriage, with Pawla Portelli already having another child (namely Maria wife of Emanuel Camilleri) from a previous marriage contracted with a certain Joseph Portelli;

4. Whereas the said John and Pawla spouses Portelli were inherited by their children and consequently, John Portelli's share out of the said property has been inherited by his twelve (12) children, whilst Pawla Portelli's share has been inherited by her thirteen (13) children (that is to say all of her children from both marriages);

5. Whereas Maria wife of Emanuel Camilleri, above-mentioned, passed away on the 16th June 2000 and whereas she was inherited by her children and namely Joseph Camilleri and the said Jacqueline Michelle Lee;

6. Whereas the above also results from the family tree being attached herewith as document 'B';

7. Whereas Jacqueline Michelle Lee's share out of the aforesaid property amounts to 1.923% (that is to say 100% [full share] ÷ 2 [community of acquests] ÷ 13 [all of Pawla Portelli's children] ÷ 2 [given that Maria wife of Emanuel Camilleri had two children] = 1.923%);

8. Whereas applicants are in the process of selling and transferring the said property in favour of Brendan Debono u Manuela Borg, and to this end parties have already entered into a promise of sale agreement on the 11th June, 2021; a copy of which is being attached herewith as document 'C';

9. Whereas applicants are not aware as to the whereabouts of the said Jacqueline Michelle Lee, and nor do they wish to stall the said sale, also considering the fact that Jacqueline Michelle Lee's share out of the said property is relatively trivial;

10. Whereas a Deputy Curator needs to be appointed by this Honourable Court in order for this sale to go through;

Now, therefore and in view of the aforesaid, applicants humbly request this Honourable Court:

1. To appoint a Deputy Curator so that s/he may represent Jacqueline Michelle Lee, above-mentioned;

2. To authorise the said Deputy Curator to appear, together with the applicants, on the deed of sale in terms of which the above-mentioned property will be transferred in favour of Brendan Debono u Manuela Borg, together with all such other deeds as may be required for the said sale to be able to go through;

3. To authorise the said Deputy Curator to deduct from the proceeds of the said sale all taxes due by the said Jacqueline Michelle Lee, together with such legitimate expenses as may be incurred by the said Deputy Curator, and to deposit the remaining balance, after deducting the fees due to him/her, in a bank account or with another financial institution as may be ordered by this Honourable Court;

This under such terms and conditions as this Court may deem fit and proper in its discretion.

Whoever is interested to be nominated as a curator is hereby called upon to call at this Registry within six (6) days and make known their interest through a note declaring therein that they accept such an assignment, and in default, this court will proceed to nominate an official curator.

And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

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

Superior Jurisdiction, Voluntary Section

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the twenty second (22nd) of July of the year 2021 the Court of Magistrates (Gozo) Superior Jurisdiction, Voluntary 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 22nd July 2021 in the records of the application number 72/2021BS by the Court of Magistrates (Gozo), Superior Jurisdiction, Voluntary Section upon an application filed by Joseph Portelli, holder of Maltese identity card number 85347G; Coronato Portelli, holder of Maltese identity card number 61660G; Mario Portelli, holder of Maltese identity card number 11758G; Violet Buttigieg, holder of Maltese identity card number 248485(M); Rita Galea, holder of Maltese identity card number 39462G; Salvina Cutajar, holder of Maltese identity card number 31051G; Georgia Attard, holder of Maltese identity card number 36759G; Michelina Attard, holder of Maltese identity card number 68646G; Carmel Portelli; holder of Maltese identity card number 60445G, who appears in his own name as well as for and on behalf of (i) Johanna sive Joanne Sciberras, holder of Maltese identity card number 27708(L), (ii) Richard Meilak, Australian driving license number 033510918, and (iii) Justin Magro, Australian driving license number 055898331; Alfred Portelli, holder of Maltese identity card number 456G; Emanuel Portelli, holder of Maltese identity card number 14550G; and Eucharist Camilleri, holder of Maltese identity card number 29161G who appears for and on behalf of Joseph Camilleri, passport number 519345325, to nominate a deputy curator to represent Jacqueline Michelle Lee, filed on the 23rd June 2021 in the Court of Magistrates (Gozo), Superior Jurisdiction, Voluntary Section, in the mentioned record as well as the other related and subsequent acts. They respectfully premised:

1. Whereas applicants own in unequal and undivided shares between them (and together with Jacqueline Michelle Lee) the tenement bearing number 32 in Triq ir-Ramla l-Ħamra, Nadur, Gozo, enjoying a separate access onto Triq Dun Anton Tabone and bounded west by the latter street, east by Triq ir-Ramla l-Ħamra and north east by property of Carmela Muscat, free and unencumbered, with vacant possession and with all of its rights and appertunances; as better outlined on the site-plan attached herewith as document 'A';

2. Whereas Jacqueline Michelle Lee, above-mentioned, is the daughter of the late Emanuel Camilleri and the late Maria née Portelli;

3. Whereas the above-mentioned property was originally acquired by John and Pawla spouses Portelli during their marriage; and whereas the said John and Pawla spouses Portelli had twelve (12) children out of the said marriage, with Pawla Portelli already having another child (namely Maria wife of Emanuel Camilleri) from a previous marriage contracted with a certain Joseph Portelli;

4. Whereas the said John and Pawla spouses Portelli were inherited by their children and consequently, John Portelli's share out of the said property has been inherited by his twelve (12) children, whilst Pawla Portelli's share has been inherited by her thirteen (13) children (that is to say all of her children from both marriages);

5. Whereas Maria wife of Emanuel Camilleri, above-mentioned, passed away on the 16th June, 2000, and whereas she was inherited by her children and namely Joseph Camilleri and the said Jacqueline Michelle Lee;

6. Whereas the above also results from the family tree being attached herewith as document 'B';

7. Whereas Jacqueline Michelle Lee's share out of the aforesaid property amounts to 1.923% (that is to say 100% [full share] ÷ 2 [community of acquests] ÷ 13 [all of Pawla Portelli's children] ÷ 2 [given that Maria wife of Emanuel Camilleri had two children] = 1.923%);

8. Whereas applicants are in the process of selling and transferring the said property in favour of Manuel and Tracey spouses Tabone, and to this end parties have already entered into a promise of sale agreement on the 11th June, 2021; a copy of which is being attached herewith as document 'C';

9. Whereas applicants are not aware as to the whereabouts of the said Jacqueline Michelle Lee, and nor do they wish to stall the said sale, also considering the fact that Jacqueline Michelle Lee's share out of the said property is relatively trivial;

10. Whereas a Deputy Curator needs to be appointed by this Honourable Court in order for this sale to go through;

Now, therefore and in view of the aforesaid, applicants humbly request this Honourable Court:

1. To appoint a Deputy Curator so that s/he may represent Jacqueline Michelle Lee, above-mentioned;

2. To authorise the said Deputy Curator to appear, together with the applicants, on the deed of sale in terms of which the above-mentioned property will be transferred in favour of Manuel and Tracey spouses Tabone, together with all such other deeds as may be required for the said sale to be able to go through;

3. To authorise the said Deputy Curator to deduct from the proceeds of the said sale all taxes due by the said Jacqueline Michelle Lee, together with such legitimate expenses as may be incurred by the said Deputy Curator, and to deposit the remaining balance, after deducting the fees due to him/her, in a bank account or with another financial institution as may be ordered by this Honourable Court;

This under such terms and conditions as this Court may deem fit and proper in its discretion.

Whoever is interested to be nominated as a curator is hereby called upon to call at this Registry within six (6) days and make known their interest through a note declaring therein that they accept such an assignment, and in default, this court will proceed to nominate an official curator.

And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

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

Superior Jurisdiction, Voluntary Section

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

By judgment given by the Courts of Appeal on the 30th June, 2021, on the Application Number 244/14 LSO in the names Malaga Enterprises (C14884) et vs Duminku Cutajar (ID 910645M) et, Thursday, 16th September, 2021, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale By Auction, to be held in Room Number 78, nearby the Courts Archives, Level -1, Triq ir-Repubblika, Valletta, of the following property:

Field measuring superficially approximately one thousand and four hundred (1,400) square meters situated in lands known as Ta' Sqaq Sejduna in Triq Gakbu Abela in the locality of Ħal Mann limits of Ħal Lija including cistern and three rural rooms adjacent existing building and accessible from rural road and common path with third parties as per valuation by the architect and civil enginéer Godwin Abela, offers starting from one hundred and eighty-five thousand euro (€185,000).

The said tenement is the property of Malaga Enterprises Limited (C14884), Silvio Borg (ID 466565M) u Antonia Borg Farrugia (ID 31975M), Duminku Cutajar (ID 910645M) u Sonia Galea.

N.B. The said tenement will be sold as described in the judgment given on the 26th May 2016 and in the acts of the file number 35/16.

Marvic Farrugia

For the Registrar, of Civil Courts and Tribunals

By means of a decree given, by the Civil Court (Family Section) on the 13th July, 2021, Application by Urgency in the names Dr Ivan Sammut vs Graziella Sammut, Application number 163/2017 AL, the following publication was ordered for the purpose of service of the Application by Urgency, in the same names herein mentioned, which was presented on the 21st June, 2021, and this in regard to the respondent Graziella Zammit, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application by Urgency, presented, in the Civil Court (Family Section), Application number 163/2017 AL, in the names DrIvan Sammut vs Graziella Sammut, on the 21st June, 2021, the applicant Dr Ivan Sammut (ID 141578M) respectfully pleaded,

1. Facts during these last six months

a) That on the 10th December 2020, this Honourable Court ordered therapy between the parties and the minors of the spouses Sammut with the purpose that within six months from the date of the decree there can be the beginning of a normal relationship between the father and the minor,

… omissis …

That the therapy commenced in March whereby during the months till the Easter feasts a number of sessions were held between the therapists and (the parents together and individually and with the minors,

… omissis …

b) 12th June, 2021

That after the experts gave evidence twiue during the sittings of the 27th May and the 10th June, 2021, and after this Honourable Court upheld that the therapists can carry out 'therapy /activity based programme' with two sessions weekly , the therapy ordered failed before it commenced within 48 hours after the sitting,

… omissis …

c) Communication between parents,

… omissis …

2. Jurisprudence and doctrine in cases where the minors do not cooperate

… omissis …

3. Motivation for the demands

That during the proccedings various demands were made so that there be a programme of reunification.

That the application is of the humble opinion that there is the néed of a specialised reunification programe suitable for the siuation of severe parental alienation.

… omissis …

Thus it is in the supreme interest of the minor that this Honourabl Court give direction to the experts in order to give more priority to this cause of the minors because the longer the reunification programme takes it will be more difficult that the objectives of this Honourable Court set in the Decree of the 10th December, 2020, be reached,

Thus in view of the above the applicant is humbly asking thius Honourable Court,

1. To order that with effect from the 5th July 2020, or at a later date agreed between the Court expert and the Directorate for Alternative Care, the three minor children born in 2010, 2013 and 2014 of the spouse Sammut, go and live for a period of 30 days with the father which period can be reduced or extended according to the advice of experts/Directorate according to the demand,

2. Order that during this period intensive therapy be held with all the minors and with the parents,

3. Order that the mother communicate with the experts and with the applicant so that the reunification progrmme be a success,

and uphold the other demands in the application and this under any provision that this Honourable Court deems fit and opportune.

Civil Court (Family Section)

Sworn App. 163/17 AL,

Dr Ivan Sammut vs Graziella Sammut

The Court,

Having seen the reply of Dr Ivan Sammut of the 21st June, 2021,

Orders that the respondent be notified and that Mr. Steve Libreri of the Child Protection Services be notified, with five days to file a reply.

Notify Respondent; 79, 'El Shaddai', Triq il-Ħelsien, Ħal Qormi QRM 2907

Adv. Frank Portelli, 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 Cuschieri Joseph (ID 258754M) et, Thursday, 21st October, 2021 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:

Field known as 'Tal-Merikk' in Triq it-Tarġa previously known as Triq San Ġwann, in the limits of Maghtab, limits of Naxxar, measuring about three thousand and two hundred metre square (3200m²), adjacent from East with a public road and South by an alley, subject to the relative agricultural rent, with the participation of extraneous bidders, as per the valuation by the Technical Architect Alan Saliba, with offers starting from ninety six thousand euro (€96,000).

The said tenement is the property of Joseph Cushieri (ID258754M), Carmen Cushieri (ID 60756M), Dorothy Gauci holder of driving licence number 028676960, Charles Vassallo holder of driving licence number 020493785, Emanuel Vassallo holder of driving licence number 017564656, Vincent Vassallo (ID 005649M), Anthony Vassallo holder of driving licence number 023766219, Maria Dolores (Dot) holder of Maltese passport number 1623807, Olga Vassallo holder of driving licence number 031999979, Mary Brown holder of driving licence number D/L PA 7066142, John Victor Cassar, previously Debono holder of driving licence number 027044627, Dianne (Diana) Paradowski holder of driving licence number 04973730, Dorothy Gauci holder of driving licence number 028676960, Andrew Mario Vassallo holder of Maltese passport number 1623807 and by decree dated first November, two thousand and twelve (01/11/2012) Dr Martin Fenech and LP Luisa Tufigno were nominated as deputy curators to represent the inheritance of Carmelo Vassallo, the inheritance of Biagia Vassallo wife of Francis Borg, the inheritance of Giuseppa Vassallo and the inheritance of Maria Gafa née Vassallo, as per quotes indicated in the judgement given by by the Civil Court First Hall by Honorable Judge Joseph R. Micallef number 842/12.

N.B. The said field will be sold as described in the judgement given on the 27th February, 2020, number 842/12JRM and in the acts of judicial sales number 40/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

DKR 72/2018 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 15th July, 2021, given by the Criminal Court (Madame Justice Dr Consuelo Scerri Herrera, LLD) following an application filed by Stephen and Claire Carter on the 7th July, 2021, Compilation number 135/2018, in the case in the names:

The Police

Versus

STEPHEN CARTER, 48 years, son of Joseph and of the late Mary Rose née Mizzi, born in Attard Malta on the 27th August 1972, residing at number 149, Flat 7, Triq it-Torri, Tas-Sliema, Malta, and holder of Maltese identity card bearing number 376572M.

The Court AUTHORIZED the sale of the property 'Mediterranea', Triq il-Bidni, Marsaskala, provided that:

1. In the final contract appears only Claire Carter as the vendor and that her husband which is the accused appears only to declare that the property for sale is not their matrimonial home and therefore has no objection to such sale;

2. Appoint Dr Lennox Vella to see and follow the progress of this contract and to  ensure that the monies that will be passed in this contract will be passed all to Claire Carter and all that is mentioned in this contract will be executed.

This variation is being published in terms of Article 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta and of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta following a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Aaron Bugeja, LLD) on the 14th of May, 2018, whereas the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable property which may be due to or belonging to Stephen Carter.

Marvic Psaila

Deputy Registrar, Criminal Courts and Tribunals (Malta)

By means of a decree given, by the Civil Court (Family Section) on the 13th July 2021,Application by Urgency in the names Dr Ivan Sammut vs Graziella Sammut, Application number 163/2017 AL, the following publication was ordered for the purpose of service of the Application by Urgency, which is being hereunder brought forward, in the same names herein mentioned, which was presented on the 21st June, 2021, and this in regard to the respondent Graziella Zammit, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application by Urgency, presented, in the Civil Court (Family Section), Application number 163/2017 AL, in the names DrIvan Sammut vs Graziella Sammut, on the 21st June, 2021, Application for the bringing forwad the next sitting in the shortest possible time because the access is de facto stopped, the applicant Dr Ivan Sammut (ID 141578M) respectfully pleaded:

That in the preceeding sitting of the 10th June, 2021, this Honourable Court created a therapy plan plan for an activity based programe and to give a chance for this to work, deferred the next sitting to the 6th August, 2021;

That as explained by a Note presented by the judicial experts on the 17th June, 2021, this plan failed due to the behaviour of the respondent;

That despite of all the efforts of this Honourable Court at present the applicant is once again without any form of access de facto and without any communication and information regarding and from the minor;

… omissis …

Thus in view of the above the applicant is humbly asking this Honourable Court,

To bring forward the sitting of the 6th August, 2021, to another closer date due to new developments which occurred after the last sitting and the urgency of the case,

and this under any provision that this Honopurable Court deems fit and opportune.

Civil Court (Family Section)

Sworn App. 163/17 AL

Dr Ivan Sammut vs Graziella Sammut

The Court,

Having seen the reply of Dr Ivan Sammut of the 21st June, 2021,

Orders that the respondent be notified , with five days to file a reply.

Notify Respondent: 79, 'El Shaddai', Triq il-Ħelsien, Ħal Qormi QRM 2907

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 28th July, 2021 on the application of Bank of Valletta plc (C2833), Thursday, 11th November, 2021, at half past ten in the morning (10.30 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:

The tenement number forty four (44) in Alley number eight (8), Triq Biċċieni, Ħaż-Zabbar, consisting of a maisonette, part of which is underlying another maisonette numbered forty five (45), owned by third parties. The said tenement is free and unencumbered, includes its roof and relative airspace and with all its rights and appurtenances, valued at sixty five thousand euro (€65,000).

The said tenement is the property of Scicluna Matthew (ID 233983M)

N.B. The said tenement will be sold as described in the acts of judicial sales number 25/19.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By a decree given on the 19th July, 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(5) of the Code of Organisation and Civil Procedure (Cap. 12).

That by an application filed by David Alan Shaw (ID 22082M) on the 25th of May, 2021, is asking for the withdrawal of €19,744.29 by David Alan Shaw et from schedule of deposit number 850/2021 in the names of:

David Alan Shaw (ID 22082M) and Lisa Cassar Shaw (ID 378083M) vs Yellow Pearl Investment Limited (C81220)

The Court ordered the notification of the application to the counter party with a week period to reply.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals