Court Notices published in Govt. Gazette No. 20,686 of 20th August 2021

ARB/C058/2021 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 15th August, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Caroline Farrugia Frendo, LLD). Compilation Number 504/2021, in the case:

The Police

(Inspector Justine Grech)

(Inspector Marshal Mallia)

Versus

WAYNE BUTTIGIEG, unemployed, 41 years, son of the late Joseph and Mary née Zammit, born in Tal-Pietà, Malta, on the 25th September, 1979, and residing at 86, Marion Court, Flat D, Triq Ta' Masrija, Mellieħa, and holder of Maltese identity card bearing number 485279M.

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 WAYNE BUTTIGIEG and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta as made applicable by Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Section 22A and Section 5 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.

Acting Director, Asset Recovery Bureau

ARB/C059/2021 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 15th August, 2021 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Caroline Farrugia Frendo, LLD). Compilation Number 505/2021, in the case:

The Police

(Inspector Justine Grech)

(Inspector Marshal Mallia)

Versus

JESMOND (JESUS MARY) GILLARD, employee, 58 years, son of the late Walter and the late Pauline née Bartolo, born in Tal-Pietà, Malta, on the 24th February, 1963, and residing at 4, Sunset Court, Flat 2, Misraħ tas-Salib, Mellieħa and holder of Maltese identity card bearing number 131663M.

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 JESMOND (JESUS MARY) GILLARD and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta as made applicable by Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Section 22A and Section 5 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.

Acting Director, Asset Recovery Bureau

ARB/C060/2021 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 11th August, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD). Compilation Number 377/2021, in the case:

The Police

(Inspector Mark Anthony Mercieca)

(Inspector Steven Ryan Micallef)

(Inspector Marshal Mallia)

Versus

PETER BURFORD, car salesman, 42 years, son of the late Allan and Elizabeth née English, born in Oldham, England, on the 14th May, 1979, and residing at Opale Court, Apt 2, Triq in-Nofs, Tal-Ibraġ/Is-Swieqi, and holder of British passport bearing number 513203736.

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 PETER BURFORD and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORISED 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 mentioned in Article 22A and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

Acting Director, Asset Recovery Bureau

ARB/C061/2021 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 17th August, 2021 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Monica Vella, LLD). Compilation Number 509/2021, in the case:

The Republic of Malta

Versus

MARIA MAGDALENA SULTANA, unemployed, 45 years, daughter of the late Costantino and Winifred née Zarb, born in Ħ'Attard, Malta, on the 14th April, 1976, residing at 11, Millieri Court, Block B, Flat 2, Triq il-Pitirross, Ħal Għaxaq, and holder of Maltese identity card bearing number 584676M.

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 MARIA MAGDALENA SULTANA and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by them, 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 MARIA MAGDALENA SULTANA and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of 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 AUTHORISED the said accused to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken or the accused herself may indicate to the Court from which account she is perceiving the moneys indicated.

Any person who acts in contravention of the court order as mentioned in Article 36, 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/C062/2021 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 17th August, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Monica Vella, LLD). Compilation Number 510/2021, in the case:

The Republic of Malta

Versus

HISHAM ALI ABUAGILLA, plasterer and painter, 38 years, son of the late Ali Abuagilla and the late Roqaia Salem Alamari, born in Libya on the 18th August, 1983, residing at Sunbeam Court, Flat 3, Triq Tigné, Tas-Sliema, and holder of Maltese identity card bearing number 114665A.

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 HISHAM ALI ABUAGILLA and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by them, 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 HISHAM ALI ABUAGILLA and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of 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 AUTHORISED the said accused to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken or the accused himself may indicate to the Court from which account he is perceiving the moneys indicated.

Any person who acts in contravention of the court order as mentioned in Article 36, 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

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 10th May 2021, following a request by Carmelo Azzopardi et it was ordered that deputy curators be chosen to represent the successors in title of Coastline Developments Ltd and S.G.A. Ltd. or any other predecessors of the direct owners of the sub-emphyteusis  in the acts of the schedule of deposit number 1037/2021 in the names Carmelo Azzopardi et vs   Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of subgroundrent filed in the First Hall of the Civil Court on the 1st June, 2021, in the names ta' Carmelo Azzopardi, stone dresser, born in Tal-Pietà, son of the late Francesco Azzopardi and Ludgarda nee Micallef, (ID 118462M) residing in Ħal Qormi; and Anna Azzopardi, born in Ħal Qormi, daughter of George Borg and Margaret nee Cassar, (ID 94166M) residing in Ħal Qormi vs deputy curators to represent the successors in title of Coast Line Developments Ltd (C596) and S.G.A. Ltd (C639) or any other predecessor of the direct owners of the sub-emphteusis of the divisable portion of land forming part of the land of Ta' Sqaq il-Wati or Tal-Istabar in Ħal Qormi as better described hereunder,  the applicants Carmelo Azzopardi (ID 118462M) and Anna Azzopardi (ID 94166M) respectfully submitted:

That by means of a contract dated 11th November, 1971, in the records of Notary Doctor Nicola Said, a copy of which is here attached and marked as Document A, Coastline Developments Ltd with registration number C596 and S.G.A. Ltd with registration number C639 gave and granted to Alfred Grech, now deceased, by title of perpetual sub-emphyteusis, the developable land forming part of the field in Ħal Qormi known as Ta' Sqaq il-Wati and or of the tal-Istabar of the surface measurements of approximately 36.8 square canes with a facade of three linear canes on Mdina Road, that bounds from the North and from the  West with property of the grantor companies and from the East with another property held under title of sub-emphyteusis by John Cassar and from the South with Mdina Road  on which a garage with number 151, Romel Garage, Mdina Road, Ħal Qormi, was built and also the mezzanine number 149 Charlanne, Mdina Road, Ħal Qormi, were built subject to the rate of the annual and perpetual subgroundrent of thirty six pounds and sixteen shillings (£36.16,0);

That by means of a contract dated 19th December, 1995, in the records of Notary Dr Antoine Agius, a copy of which is here attached and marked as Document B, Alfred Grech and his wife Sebastiana Grech sold and transferred the mezzanine number 149, Charlanne, Mdina Road, Ħal Qormi, to Carmelo Azzopardi and his wife Anna Azzopardi, subject to the rate of the annual and perpetual subgroundrent of Lm18.40 today €42.96;

That the garage is shown in red on the plan of the Land Registry, dated 11th May, 2021, attached and marked as Document C;

It results that the Coastline Developments Ltd (C 596) and S.G.A. Ltd (C 639) which originally gave the said portion of developable land in sub emphyteusis today are now liquidated and the applicants do not know who the successors in title are.  In 2005, the applicants were instructed to pay the subgroundrent to Mario Spiteri Maempel, and thus the applicants are paying the amount of €42.86 as subgroundrent due on the mezzanine with the last receipt of the groundrent be for the period from the 12th November, 2016, to 12th November, 2019, attached and marked as Document D;

That the annual and perpetual subgroundrent of £36.16,0 today €84.23 consists of Lm17.30 today €40.30 representing the original groundrent of the said garage and Lm18.86 today €43.93 representing the subgroundrent due to S.G.A. Ltd and Coastline Developments Ltd for the developable land of measurement of about 36.8 square canes and that is €21.97 representing the subgroundrent due for Garage Romel number 151, Mdina Road, Ħal Qormi and €21.97 representing the subgroundrent due on the maisonette number 149, Charlanne, Mdina Road, Ħal Qormi.

The applicants wish to avail themselves  of the option given to them by the Maltese Law, and that is article 1501 of the Civil Code of Malta, and whilst they make reference to the contract above mentioned, they want to redeem the said annual and perpetual subgroundrent of €21.97due to S.A.G. Ltd and Coastline Developments Ltd for the maisonette number 149, Charlanne, Mdina Road, Ħal Qormi.

The subgroundrent of €21.97 capitalised at the rate of 5% according to the aforemention provisions, amounts to the amount of €439.40 for the redemption of the annual and perpetual sub groundrent of the maisonette number 149, Charlanne, Mdina Road, Ħal Qormi;

That the applicants are depositing the amount of €43.94 that represents two years groundrent arrears from the 12th November, 2019 till the 12th November, 2020, and from the 12th November, 2020 till the 12th November,  respectively.

The premises today is the ordinary residence of the applicants.

Thus, the applicants in view of the above and to exempt themselves from any responsability,  are humbly calling upon this Honourable Court and under the  authority of the same they are depositing the total amount of €483.34 as for the  amount of €439.40 representing the  redemption of the subgroundrent regarding the maisonette number 149, Charlanne, Mdina Road, Ħal Qormi and as for the amount of €43.94 representing  groundrent  arrears regarding the maisonette number 149, Charlanne,  Mdina Road, Ħal Qormi so this amount can be freely withdrawn by who has the right to it after leaving the relative receipt according to law.

Applicants: Carmelo Azzopardi, 149, Charlanne, Mdina Road, Ħal Qormi

Anna Azzopardi, 149, Charlanne, Mdina Road, Ħal Qormi

Notification: Director of Public Registry,  Triq il-Merkanti, Valletta

Deputy Curators, Law Courts, Valletta

Lands Registry, Triq il-Punent, Valletta

 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 Grazio Mercieca, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree given on the 12th August, 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 24th November, 2020, on the application of Bank of Valletta plc (C2833), Tuesday, 7 September, 2021, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in Room Numru 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The apartment internally marked number three (3), situated on the second floor and forming part of a block of four (4) apartments, which block is without official number and named 'Buontempo Estates' situated in a private road without name that abuts onto Balzan Valley, Ħal Balzan, and which apartment is situated on the left side of the said block when one is looking towards the said block. Also included with the apartment is the fourth undivided share (1/4) of the common areas of the same block and half (1/2) divided airspace which is overlying the same apartments and which also includes the roof room with air of circa thirty five metre square (35sq.mt) which are accessible from the common areas of the said block of apartments which is bounded from all sides with property of Devicon Limited.

The said block is bounded from South West, from North West and from South East with the new street named Buontempo Estates, which abutts in Balzan Valley and any other correct boundaries. The said apartment enjoys the rights and is subject to servitudes resulting from its relative position, free and vacant with all its rights and appurtenances, valued at two hundred and forty five thousand euro (€245,000)

The said tenement is the property of Issa Isslam Tawfik (ID 20380A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 28/2015.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Constitutional Court, on the 27th July, 2021, in the records of the Constitutional Application, Application number 13/2019/1, in the names Georgina Grima et vs Joseph Darmanin et, Application number 13/2019/1, the following publication was ordered for the purpose of service of the respondent Joseph Darmanin, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed, in the Constitutional Court, Application Number 13/2019/1, in the names Greorgina widow of Philip Grima (ID 320638M), Doreen Grima (ID 213265M) and Joseph Grima (ID 714462M) vs Joseph Darmanin (ID 414661M) and the Attorney General, today the State Advocate, on the 3rd February, 2021, the applicant Georgina Grima (ID 320638M) et respectfully pleaded:

1. That by means of a Sworn Constitutional Application of the24th January, 2019, the interpellants premised and asked the following,

i) That by a deed of temporary emphteutical concession of the 9th October, 1974, the husband and father of the applicants or rather the deceased Philip Grima, had granted by title of temporary sub-emphyteusis with effect from the 1st October, 1974, to Joseph Penza, the premises or rather Flat 3, St Philip Buildings, Gudja Road, Ħal Luqa, towards the sub-groundrent of € 244.58 yearly;

2. That Joseph Penza had granted the remaining period from this concession to Carmel Busuttil;

3. That Carmel Busuttil had assigned the temporary emphyteutical concession for the remaining period to the respondent Joseph Darmanin;

4. That this temporary empyteutical concession lapsed on the 30th September, 1991, but the respondent Joseph Darmanin still remained living in the premises in question paying double the rent in terms of Act XX111 of 1979;

… omissis …

15. That thus effectively the applicants and their predecessors in title were dispossesed of their right of use of property after the lapse of the period of the lease and were subjected to a forced relationship of owner and lessee;

… omissis …

18. That due to the impossibility of the applicants to take back possession of the premises which belongs to them, the dispositions of Act XX111, are violating their rights of property as protected by the Constitution of Malta and the European Convention;

… omissis …

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

i) Declare and decide that as regards the applicants the provisions of Article 12 particulary Article 12(2) of Cap 158 of the Laws of Malta as amended by Act XX111 of 1979 and by the operations of the current laws are giving a right of renewal of the lease to the respondent Joseph Darmanin;

ii) Consequently declare and decide that the rights of the applicants to the enjoyment of their property, Flat 3, St. Philip Buildings, Gudj Road, Ħal Luqa, are being violated;

iv) Liquidate the compensation and pecuniary and non-pecuniary damages as suffered by the applicant in terms of law;

… omissis …

xiii) That by a judgement of the 28th January, 2021, the First Hall Civil Court (Constitutional Jurisdiction) rejected the first demand of the applicants and declared that the forced renewal of the lease of the lessee Darmanin by the operation of Article 12(2) of Cap 158 of the Laws of Malta, for the period 2015-2107, made it difficult and uncertain for the applicants to take back possession of their property above mentioned, that in the second place it declares and decides that the rights of the applicants to the enjoyment of their property were violated in violation of Article 37 of the Constitution and the First Article of the First Protocol of the European Convention , ordered that the respondent Darmanin cannot continue to rely on the protection of Article 12 of Cap 158 and declare that the State Advocate is to be condemned to pay €4000 in pecuniary damages and €1000 in non-pecuniary damages;

xiv) That the appellant applicants feel aggrieved by some of the Heads of this judgement and are filing an Appeal before this Honourable Constitutional Court,

xv) That the grievances are clear and manifest and are the following:

i)  That one cannot understand why the First Hall Civil Court, found a violation only for the period between 2015 till the 31st December, 2017, when the income of the property appertained to the community of acquests existing between the appellant Georgina Grima and the deceased Philip Grima,

… omissis …

v.  That the appellant Georgina Grima, Doreen Grima and Joseph Grima are the heirs of the deceased Philip Grima who died ab intestato on the 2nd December, 2015, and thus they succeeded the same Philip Grima, in his proprietary rights and damages suffered by them;

X11. That the loss suffered by the appellants Grima from the termination of the emphyteutical concession on the 1st October, 1991, till the presentation of the present application amounts to circa €40,000.

… omissis …

Thus the appellants, whilst referring to all the proof produced before the Court of First Instance and whilst reserving to bring forward all the proof permitted by law, are asking this Honourable Constitutional Court to reform the judgement given by the First Hall Civil Court (Constitutional Jurisdiction) by confirming it where it declares that the forced renewal of the lease on the applicants of the lessees Darmanin in terms of Article 12(2) of Cap 158 of the Laws of Malta and which consequently violated the rights of the applicants to the enjoyment of their property and namely Flat 3, St. Philip's Buildings, Gudja Road, Ħal Luqa, in terms of Article 37 of the Constitution and the First Article of the First Proocol of the European Convention and reform it as demanded in this application.

With costs, of both instances against the respondents.

The Application Appeal number 13/2019/1, in the names Georgina Grima et vs Joseph Darmanin et, has been deferred for hearing to Monday, 11th October, 2021, at 8.50 a.m.

Notify Respondent: Flat 3, St Philip Buildings, Gudja Rd, Ħal Luqa

Adv. Frank Porelli, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 9th August, 2021, and this after a written plea numbered 621/2021, Ordered:

The correction of the birth certificate of Naseem Camilleri Akhter bearing number 293 of the year 2014 whereby the applicant's surname appears as 'Akhter', it is deleted and replaced by the correct surname  'Akhtar'.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar Court of Revision of Notarial Acts

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 9th August, 2021, and this after a written plea numbered 620/2021, Ordered:

The correction of the birth certificate of Maria Kuncetta Stafrace bearing number 562 of the year 2021 whereby in the columns headed “Name and surname of parents including surname at birth, whether alive or dead" the surname 'Balzan' is deleted and replaced by the correct surname 'Balzia'.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar Court of Revision of Notarial Acts

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 9th August, 2021, and this after a written plea numbered 542/2021, Ordered:

The correction of the birth certificate of Fehmi Konyar bearing number 3003 of the year 2019 whereby where the applicant's name appears as 'Fehmi', it is deleted and replaced by the correct name 'Alan'.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar Court of Revision of Notarial Acts

By a decree given on 28th June, 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 Organization and Civil Procedure (Cap. 12).

By the application filed in the Civil Court First Hall on the 30th March 2021 by APS Bank plc gia APS Bank Ltd (C2192) Judicial Sales number 17/21 in the names APS Bank plc gia APS Bank Ltd vs Daniel Aloisio being asked that the Court orders the sale by auction of the:

The apartment internally marked numbered two (2) situated on the elevated ground floor level, on the right-hand side when one faces the building complex of which the apartment forms part of the road. The apartment is overlying on one floor of garages and underlying two apartments. Included with this apartment is the courtyard situated at the back of the apartment along with the internal courtyard, which apartment and courtyards are marked on the plan attached to a contract in the acts of Notary Rachel Busuttil dated thirty January of the year two thousand and six (30.01.2006). The building complex is officially numbered ninety-seven (97) previously officially unnumbered but known as 'Chamonix' in Triq it-Torri, Birkirkara, Malta. The apartment is free and unencumbered with all its rights and appurtenances. The apartment is bounded on the northeast by the said street, on the northwest by Carmelo Muscat's property and on the east by the remaining complex property of Jakro Developments Limited or its successors. Also included with the apartment is an undivided share of the common parts in the said building complex which common parts consist in the entrance, entrance hall, stairs leading to the main entrance, internal stirs to the roof (but excluding the roof), halls, lift and lift shafts and shafts. The roof shall not be considered a common part, but the owner of the apartment has a limited right of use of the roof for the purpose indicated in the relative contract of Notary Rachel Busuttil dated twenty-first May of the year two thousand and fourteen (21/05/2014). The apartment has the right of perpetual use and uninterrupted use of the common passages on the roof for the purpose indicated in the same contract of sale. This apartment is subject to the right of active rights and is subject to the passive resulting from the relative position of the apartment in the complex, including the common drainage and rainwater system.

Lock up garage at semi basement level marked with unofficially number five (5) forming part from a level of underlying garages in the block marked with official number seventy nine (97) previously unofficially numbered but known 'Chamonix' in Triq it-Torri, Birkirkara, the garage bounded on the northeast by common drive in and southeast and north by property of Jakro Developments Limited or their successors in title, free and unencumbered with all its rights and appurtenances. This garage is marked by pink on the plan annexed with contract in the acts Notary Rachel Busuttil of the fifth June of the year two thousand and six (05/06/2006). This garage is accessibly from common drive in and ramp that abuts in Triq it-Torri, Birkirkara. Also included with the garage is an undivided share of the common parts in the said level of garages, which common parts consists in common the ramp and drive in, lift and lift shafts and shafts. The garage is subject to the enjoyment of active rights and is subject to the passive servitudes resulting from the relative position of the garage in the complex. There is one drain going through to the roof of the garage.

The block is bounded on northeast by the said street, on the northwest by property of Carmelo Muscat and on the east by property of Giuseppe Borg or other more correct boundaries. The complex consists of garages on the semi basement level, overlying three floors with two apartments on each floor and another floor with five washrooms. This complex was developed on the site formerly occupied by a terraced house with its relative airspace and the ground floor, which terraced house was unofficially numbered but previously known as 'Saint Helena', in Triq it-Torri, Birkirkara.

The said property belongs to Daniel Aloisio (ID 353976M)

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court (Family Section) on the 1st July, 2021, in the records of the Sworn Application, in the names Aron Victor Singrin vs Sandiswa Mhalanga, Application number 132/21 AGV, the following publication was ordered for the purpose of service of the defendant Sandiswa Mhlanga, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Aron Victor Singrin (ID 0184264A) vs Sandiswa Mhlanga (ID 0184265A) on the 7th May, 2021, the applicant Aron Victor Singrin (ID 0184264A) asked this Honourable Court,

1. To declare the personal separation a mensa et thoro between the parties and this for reasons imputable only to the respondent his wife as stated in the application, and uphold the other demands amongst which that there be dissolved and terminated the community of acquests and that there be applied against the respondent the effects of the dispositions of Articles 48, 51 and 53 included in the Civil Code Cap.16 of the Laws of Malta.

With costs and interests against the respondent from now summoned so that a reference to her evidence be made.

The Sworn Application in the names Aron Victor Singrin vs Sandiswa Mhlanga Application number 132/21 AGV, has been deferred for hearing to Wednesday, 29th September 2021, at 9.45 a.m.

Notify Respondent: 1) Flat 2, The Seven Apartments, Triq Santa Marija, San Pawl il-Baħar SPB 2621

2) Block C, Depiro Point, Triq Mons. G. Depiro, Tas-Sliema SLM 2033

3) Flat 8, 108, Zenith Court, Triq Santa Marija , San Pawl il-Baħar

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 15th June, 2021, by the First Hall Civil Court, in the records of the application in the names Francis sive Frank Farrugia vs Deputy Curators, Application number 329/2021 MH, the following publication was ordered for the purpose of service in terms of Article 495A, Cap. 16 of the Laws of Malta.

By means of an application in the names Francis sive Frank Farrugia (ID 337950M), Rita Patricia Grech (ID 148059M), Keith Farrugia (ID 40291M), Christopher Farrugia (ID 505093M), Kristina Farrugia (ID 127388M), Venera Ruth Zammit (ID 697057M), Mario Rosario Farrugia (ID 720855M), Emanuela Eleonara Cauchi (ID 134453M), Mary Lillian Scifo (ID 300851M), John Mary sive Jimmy Casha (ID 241457M) in his own name and as procurator for on behalf of the absent Philip Casha (Maltese passport number 837629), Josephine Baldacchino (ID 598851M), Rita Casha (ID 598651M), Mary Grace Attard (ID 98865M), Alison Casha (ID 0503486M), Graziella Casha (ID 134284M), Maria Geraldine Attard (ID 376987M), Josianne Attard (ID 0048196M) Roderick Attard (ID 558891M), George Mary Farrugia (ID 934749M), Maria Assunta Caruana (ID 389642M), Joseph Mary Farrugia (ID 686346M), Rita Farrugia (ID 419345M), Antonia Maria Camilleri (ID 1055647M), Maria Angela Camilleri (ID 1028748M), Maria Rosa Zammit (ID 542153M), Mary Connie Curmi (ID 12455M), Esmilia sive Maria Emilia sive Miriam Preca (ID 407752M), Tarcisio Farrugia (ID 432457M), Dolores sive Doris Mifsud (ID 268051M), Ryan Grech (ID 94383M), Tiziana Grech (ID 20387M), Rose Piccinino (ID 200370M) as procurator for and on behalf of the absent Rita Upton (Maltese passport number 596460), Dolores Darling (Maltese passport number 595193), Mary Wickens (Maltese passport number 589337), Francesca Allan (Maltese passport number 589337), Simon Schembri (Australian Passport number PA 6186106), Henry Schembri (Maltese passport number 1325350), Carmen Mallia (Australian Passport number N3599158) and Jacqueline Codri (Maltese passport number 1321892), Carmela Saliba (ID 636350M), Jude Thaddeus Attard (ID 491955M), David John Zahra (ID 247178M), Rodney Charles Zahra (ID 595181M), Emanuel Livori (ID 243947M), Frangisku Camilleri (ID 208450M), Mary Gatt (ID 1051648M), Maria Carmela Balzan (ID 784752M), John Camilleri (ID 324759M), Angelica Zammit (ID 447673M), Jesmond Camilleri (ID 19771M), Maria Carmen sive Karmena Camilleri (ID 388545M) and Girolama Attard (ID 179345M) vs Dr Simon Micallef Stafrace and Legal Procurator Hilda Ellul Mercer nominated by means of a decree of the 30th April, 2021, as deputy curators to represent Gerald Schembri that cannot be traced filed before the First Hall of the Civil Court on the 13th April, 2021, the applicants Francis sive Frank Farrugia (ID 337950M), Rita Patricia Grech (ID 148059M), Keith Farrugia (ID 40291M), Christopher Farrugia (ID 505093M), Kristina Farrugia (ID 127388M), Venera Ruth Zammit (ID 697057M), Mario Rosario Farrugia (ID 720855M), Emanuela Eleonara Cauchi (ID 134453M), Mary Lillian Scifo (ID 300851M), John Mary sive Jimmy Casha (ID 241457M) in his own name and as procurator for on behalf of the absent Philip Casha (Maltese passport number 837629), Josephine Baldacchino (ID 598851M), Rita Casha (ID 598651M), Mary Grace Attard (ID 98865M), Alison Casha (ID 0503486M), Graziella Casha (ID 134284M), Maria Geraldine Attard (ID 376987M), Josianne Attard (ID 0048196M) Roderick Attard (ID 558891M), George Mary Farrugia (ID 934749M), Maria Assunta Caruana (ID 389642M), Joseph Mary Farrugia (ID 686346M), Rita Farrugia (ID 419345M), Antonia Maria Camilleri (ID 1055647M), Maria Angela Camilleri (ID 1028748M), Maria Rosa Zammit (ID 542153M), Mary Connie Curmi (ID 12455M), Esmilia sive Maria Emilia sive Miriam Preca (ID 407752M), Tarcisio Farrugia (ID 432457M), Dolores sive Doris Mifsud (ID 268051M), Ryan Grech (ID 94383M), Tiziana Grech (ID 20387M), Rose Piccinino (ID 200370M) as procurator for and on behalf of the absent Rita Upton (Maltese passport number 596460), Dolores Darling (Maltese passport number 595193), Mary Wickens (Maltese passport number 589337), Francesca Allan (Maltese passport number 589337), Simon Schembri (Australian Passport number PA 6186106), Henry Schembri (Maltese passport number 1325350), Carmen Mallia (Australian Passport number N3599158) and Jacqueline Codri (Maltese passport number 1321892), Carmela Saliba (ID 636350M), Jude Thaddeus Attard (ID 491955M), David John Zahra (ID 247178M), Rodney Charles Zahra (ID 595181M), Emanuel Livori (ID 243947M), Frangisku Camilleri (ID 208450M), Mary Gatt (ID 1051648M), Maria Carmela Balzan (ID 784752M), John Camilleri (ID 324759M), Angelica Zammit (ID 447673M), Jesmond Camilleri (ID 19771M), Maria Carmen sive Karmena Camilleri (ID 388545M) and Girolama Attard (ID 179345M) requested with respect that:

That this application relates to the sale of the garage number 33, Triq Santa Katarina, Mqabba, with garden and two rooms and a reservoir ('the Property');

That the property in connection with this application is being made originally derives from the inheritance of Maria Rosaria Grech who died between the 27th and the 28th June, 2008;

That the said Maria Rosaria Grech was a widow from Guzeppi Grech and was the daughter of the late Giuseppi Farrugia and Maria Concetta née Mifsud,

That the said Maria Rosari Grech died intestate and without children;

That as appears from the decree number 260/209 given on the 18th May, 2009, the Honourable Civil Court as a Court of Voluntary Jurisdiction ordered the opening of succession of the inheritance of Maria Rosaria Grech, in favour of the following persons and namely

Anna widow of John Casha in the quota of 1/5;

Rita Patricia Grech, Venera Ruth Zammit, Mario Rosario Farrugia, Emanuela Eleonora Cauchi, Mary Lillian Scifo and Francis Farrugia children, together with Nicholas Alexander Farrugia who died on the 17th December 1998, of Valentino Farrugia who died before the said Maria Rosaria Grech and that is on the 17th February 1979 and thus they have inherited 1/25 unidided share of the inheritance of Maria Rosaria Grech; And their brother Nicholas Alexander Farrugia who died on the 17th December 1998 as left behind his children Keith Farrugia, Christopher Farrugia and Kristina Farrugia and thus these inherited 1/105 each one of them from the inheritance of Maria Rosaria Grech;

Angela Dimech, Sebastian Attard, Irene Livori, Carmela Saliba, Jude-Thaddeus Attard, Francesca Allan, Rita Upton, Dolores Darling and Mary Wickers (together with Grace Zahra who died before Maria Rosaria Grech and that is on the 9th November 1989) as children of Salvina Attard and sister of Maria Rosaria Grech they inherited 1/5 undivided share between them of the inheritance of Maria Rosaria Grech and thus each and everyone of them inherited 1/50 from the same inheritance. That Grace Zahra who died on the 9th November 1989 left behind her children David John Zahra and Rodney Charles Zahra and thus they inherited 1/100 each one of them;

Children of Carmelo Farrugia, brother of Maria Rosaria Grech who died before her on the 28th June 1998 and that is George Mary Farrugia, Esmilia sive Maria Emilia sive Miriam Preca, Dolores sive Doris Mifsud, Maria Angela Camilleri, Maria Concetta Curmi, Maria Assunta Caruana, Maria Rosa Zammit, Rita Farrugia, Tarcisio Farrugia, Antonia Maria Camilleri and Guzeppi Maria Farrugia, all inherited 1/60 undivided share each one of them and Tiziana Grech and Ryan Grech children of Maria Theresa Grech, daughter of Carmelo Farrugia who died on the 5th September 1989 inherited 1/120 undivided share each one of them;

Children of Michela Camilleri sister of Maria Rosaria Grech who died on the 4th August 1993 and that is Julia Camilleri, Anthony Camilleri, Mary Gatt, Frangisku Camilleri, Maria Carmela Balzan and John Camilleri and these in the quota of 1/30 each one of them;

That from the heirs above mentioned in the meantime the following died,

Anna Casha who died on the 9th October, 2010, and according to the will dated 29th September, 2008, her children Rita Casha in the quota of 90/300 l Josephine Baldacchino, Philip Casha, Mario Casha and John Mary sive Jimmy Casha in the quota of 42/300 undivided share each one of them Mary Grace Attard in the quota of 25/300 undivided share and Maria Geraldine Attard, Josianne Attard and Roderick Attard in the quota of 17/300 undivided share together between them inherited her. That Mario Casha died on the 25th Lulju, 2009, that is before his mother Anna Casha and thus his share was inherited by his children Alison Casha and Graziella Casha,

Angela Dimech wife of Joseph Dmech and widow of Joseph Schembri died on the 22nd March, 2016, and according to a will dated 24th March, 2011, Carmel Mallia, Simon Schembri, Henry Schembri, Jacqueline Schembri and the respondent Gerald Schembri inherited her,

Irene Livori who died on the 10th February, 2018, and by means of a will dated 4th August, 2006, Emanuel Livori inherited her as her universal heir,

Julio Camilleri who died on the 19th January, 2019, Jesmond Camilleri and Angelica Zammit inherited him after his wife Filomena Camilleri who was the sole heir renounced for the inheritance, and

Anthony Camilleri who died on the 11th December, 2014, by means of a will dated 9th September, 2011, his wife tha applicant Mary Carmen sive Karmena Camilleri has inherited him,

Sebastian Attard who died on the 5th October, 2020, and by means of a will dated 1st March, 2010, his wife Girolama Attard inherited him;

That the Property above mentioned belongs to the parties in the shares indicated in the prospect herein annexed marked as Doc. C;

That the applicants are agreeing and wish that this Property be sold in its entirety to Christopher Agius (ID 0301568M) or other person that shall be substituted for him and this for the price pacts and conditions indicated in the preliminary agreement exhibited as Doc. A;

That as also appears from the sworn declaration of the applicant Francis Farrugia exhibited as Doc. L the respondent Gerald Schembri cannot be traced;

That the only consent which is still required so that the sale can take place is that of the respondent Gerald Schembri who cannot be traced;

That as appears from the Architect's report copy of which is hereby annexed as Doc. E the value of the Property in its entirety according to the market is of €245,000;

That the applicants Are also exhibiting a prospect which shows the share that together with the respondent they have in the Property (Doc. C) as well as a declaration that they agree with the sale of Property (Doc. B) and a prospect which shows the pacts and conditions of the sale (Doc. D);

That the sale of the Property above mentioned is beneficial to every co-owner of the same Property and none of them shall be prejudiced by its sale;

That because not every co-owner is giving his consent for this sale the applicants are presenting this application in terms of Article 495A et sequitur of Cap 16 of the Laws of Malta.

Thus, the applicants pray with respect that saving the necessary declarations and after the opportune provisions this Honourable Court for the reasons mentioned:

1. To authorise the sale of the Property above mentioned in terms of article 495A et sequitur of Cap 16 with the price and the pacts and conditions shown in the prospect marked Doc. D;

2. To order that the contract of sale be published by the Maltese Notary Public James Grech at the time, day and place that this Honourable Court may order and fix;

3.Appoint curators to appear on the final deed of sale in the name of the co-owner Gerald Schembri in case that the latter fails to appear before the Notary Public above mentioned for the publication of the contract of sale; and

4. Give every order and directive it deems fit and opportune amongst which that from the price payable to Gerald Schembri there be reduced the taxes, penalties and interests and other expenses payable according to law, so that the sale can take place and that that the curator appointed by this Honourable Court deposit under the Authority of this Honourable Court the balance from the share of the respondent Gerald Schembri from the proceeds of the sale of the premises de quo and if necessary there be made every causa mortis for this purpose.

With costs against the respondents

Applicant: Delphi Court, Apartment No. 2, Triq it-Tamar, San Pawl il-Baħar

Respondent: Deputy Curators

The Application in the names Francis Farrugia sive Frank et vs Deputy Curators, Application number 329/2021 MH, has been deferred to the 22nd October, 2021, at 11.20 a.m.

Adv. Frank Portelli LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 17th August, 2021, and this after a written plea numbered 673/2021, Ordered:

The correction of the death certificate of Julie Lister bearing number 2323 of the year 2021 whereas in the column headed 'Name and surname of the other party to the marriage/civil union/cohabitation or widow or single person', after the words 'April, 1992', the words are inserted 'And married to Graeme Andrew Lister'.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar, Court Of Revision Of Notarial Acts

By means of a decree of the 11th January, 2021, in the records of the judicial letter number 3537/2020, in the names David Kevin Aquilina vs Liam Mangion et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Liam Mangion and Anna Mangion in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Liam Mangion (ID 12881M) of 39, St Dominic Street, Valletta

Anna Mangion (ID 236178M) of No 3, Cardea Apartments, Triq Ġużè Ellul Mercer, Seatar, Msida, in solidum between them.

By means of this present, David Kevin Aquilina (ID 757150M) c/o 62/4, Triq l-Ifran, Valletta, whilst making referring to the loan agreement dated 2nd September, 2016 (copy of which is here attached and marked as Doc. DKA1) and published in the records of Notary Doctor Ruben Casingena, solicits you so that within five days of the notification of this act you pay the interpellant the balance amount of €125,661.55, which amount includes the incurred interest in terms of the same contract to date.

The interpellant wishes to render the attached public deed executable for all the purposes and effects of law and this in terms of Art 256(2) of Cap. 12 of the Laws of Malta.

Thus, in default of payment within the time given to you the interpellant will take all the executive legal proceedings in accordance with law.

With costs and further legal interest from the day of service of this letter until the day of effective payment.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                  

By means of a decree given, by the Civil Court, First Hall, on the 15th December, 2020, as presided by this Court (GM), in the records of the Sworn Application in the names Kulis Company Limited vs Joseph Camilleri, Application Number 929/20 GM, the following publication was ordered for the purpose of service of the respondent Joseph Camilleri, in terms of Article 187(3) et sequitur of Cap. 12. This Application was deferred for hearing from the sitting of the 8th March, 2021.

By means of a Sworn Application,presented, in the First Hall Civil Court, in the names Kulis Company Limited (C10210) vs Joseph Camilleri (KI 175463M) on the 15th October, 2020, the applicant company Kulis Company Limited (C10210) asked this Honourable Court,

1. To declare that the field bought by the respondent Camilleri by means of a deed of Notary Sharon Faith Farrugia, on the 17th November, 2018, does not enjoy any right of passage and/or servitude on the agricultural property belonging to the applicant in such a manner that direct access to the field of the respondent from Triq Wied Qannotta can be made and from the agricultural property of the applicant company and thus the same respondent Camilleri has no right to accede/ and or enter in the property of the applicant company and uphold the other demands of the applicant company amongst which that the respondent within a short and peremptory period and under the direction of an architect close the access in question.

With costs, against the respondent Camilleri from from now summoned so that a reference to his evidence be made.

The Sworn Application in the names Kulis Companby Limited (C 10210) vs Joseph Camilleri, Application Number 929/20 GM, has been deferred for hearing to the 20th September, 2021, at 9.50 a.m.

Notify Respondent: 'Paddock', Triq id-Dwieli, Burmarrad, San Pawl il-Baħar

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 18th August, 2021, on the application of Axiaq Paul (ID 372861M), Thursday, 18th 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 Archives, Level -1 Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The undivided half of ground floor maisonette numbered nine (9) previously numbered thirty four (34) in Triq tal-Karmnu, Fgura, underlying the first floor maisonette third party property as described in the acts of Notary Joseph Tabone dated fifth May, two thousand and eight (05.05.2008), free and unencumbered, valued at ninety thousand euro (€90,000).

The said tenement is the property of Mangion Charles (ID 496273M).

N.B. The said tenement will be sold as described in the acts of judicial sales file number 30/2016.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals