Court Notices published in Govt. Gazette No. 20,690 of 27th August 2021

By means of a decree by the First Hall Civil Court, on the 6th July, 2021, whereby the said First Hall Civil Court, was presided by this Court (AD) in the records of the Sworn Application in the names George Vella pro et noe vs Charles Sammut, Application number 492/2021 AD, the following publication was ordered for the purpose of service of the defendant Charles Sammut, in terms of Article 187(3) et. sequitur of Cap. 12 of the Laws of Malta. This Application was deferred for hearing from the sitting of the 6th July, 2021, and as the defendant was not notified the applicant was authorised to proceed with this publication as results from the minutes of the sitting above mentioned.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the cause in the names George Vella (ID 699644M) in his own name and in his capacity of Director in the name and in representation of the company Blueprint Grafix Limited C24416 vs Charles Sammut (ID 0491167M), on the 24th May, 2021, the applicant George Vella (ID 699644M) in his own name and in his capacity of Director in the name and in representation of the company Blueprint Grafix Limited C 24416, asked this Honourable Court above mentioned,

1. To order that the cause be decided without proceeding to a hearing in terms of Article 167 et sequitur of Cap. 12 of the Laws of Malta and declare the respondent a debtor of the applicant in the sum of thirty one thousand three hundred eighty euro (€31,380.00) and uphold the other demands in the application.

With costs and commercial interests till the date of effective payment against the respondent from now summoned so that a reference to his evidence be made.

The Sworn Application in the names George Vella pro et noe vs Charles Sammut, Application Number 492/2021 AD, has been deferred for hearing to the 28th September, 2021, at 10.20 a.m.

Notify Defendant: Bellgagio, Blk B, Flat 6, Triq San Ġużepp, Gwardamanġa, Tal-Pietà

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals        

By a decree given on 5th 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 1st March, 2021, on the application of HSBC Bank Malta plc (C3177), Thursday, 09th 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:

The apartment without its own airspace, internally forming part of the tower known as Tower A1, consisting of twenty (20) apartments, which tower forms part of the development known as 'The Three Towers' and which apartment is situated on level three (3) and internally marked number three hundred and six (306), in Triq l-Ibjar, Paola, as well as the right of use of common areas of the Tower A1 as better described in the acts of notary Malcolm Mangion published on the 28th February, 2007, underlying and overlying third party property, free and unencumbered, and valued at two hundred and five thousand euro (€205,000).

The said tenement is the property of Yassine Khaled (ID 135504L) and Elsadi Duaa (ID 38961A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 7/2021.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By a decree given on 5th 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 the application filed in the Civil Court First Hall on the 24th February, 2021, by HSBC Bank Malta plc (C3177) Judicial Sales number 7/21 in the names HSBC Bank Malta plc vs Yassine Khaled et being asked that the Court orders the sale by auction of:

The apartment without its own airspace, internally forming part of the tower known as Tower A1, consisting of twenty (20) apartments, which tower forms part of the development known as 'The Three Towers' and which apartment is situated on level three (3) and internally marked number three hundred and six (306), in Triq l-Ibjar, Paola, as well as the right of use of common areas of the Tower A1 as better described in the acts of notary Malcolm Mangion published on the 28th February, 2007, underlying and overlying third party property, free and unencumbered.

The said property belongs to Yassine Khaled (ID 135504L) and Elsadi Duaa (ID 38961A).

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 17th June, 2021, as presided by this Court (TA) in the records of the Sworn Application in the names Bank of Valletta plc vs Real Time Real Estate Limited et, Application number 385/2021 TA, the following publication was ordered for the purpose of service of the defendants Real Time Real Estate Limited (C18609) and Edgar and Suzanne spouses Mifsud, in terms of Article 187(3) et sequitur of Cap. 12 of the Laws of Malta. This Application was deferred for hearing from the sitting of the 17th June, 2021.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the cause in the names Bank of Valletta plc (C2833) vs 1) Real Time Real Estate Limited (C18609) and 2) Edgar and Susanne spouses Mifsud (ID numbers 402463M and 576763M) on the 26th April, 2021, the applicant Bank of Valletta plc (C2833) asked the defendants to state why this Honourable Court should not,

1. Condemn the defendants to pay together and 'in solidum' between them to the plaintiff company the sum of seventy four thousand seven hundred and nine euro and one cent (€74,709.01) balance of debt in the Overdraft Account of Real Time Real Estate Limited with the Bank of Valletta plc together with further interest from the 5th March, 2021, till the date of effective payment.

Without prejudice to other sums of money due by the defendants Edgar and Suzanne spouses Mifsud, to the plaintiff company for which the applicant company is proceeding separately.

With costs against the defendants from now summoned so that a reference to their evidence be made.

The Sworn Application in the names Bank of Valletta plc vs Real Time Real Esatate Ltd, et, Sworn Application Number 385/2021 TA, has been deferred for hearing to the 30th September, 2021, at 9.30 a.m.

Applicant Company: Bank of Valletta plc (C2833), 1/5, Misraħ San Ġorġ, Valletta

Defendants: 1) Real Time Real Estate Limited, 35, St Anthony Street, Tas-Sliema

2) Edgar Mifsud, 35 A, Triq Sant'Antnin, Tas-Sliema

3) Susanne Mifsud, 68, Melody, 17, Triq Don Luigi Rigord, Pembroke

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By a decree given on the 18th 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(5) of the Code of Organisation and Civil Procedure (Cap. 12).

That by an application in the Civil Court, First Hall, filed on the 29th of July, 2021, by Dr John Bugeja noe (ID 452783M), is asking for the withdrawal of €269,823.74 by Dr John Bugeja as a special mandatory of FT Portoria Tankers Ltd (C68998) in the acts of schedule of deposit number 897/2016 in the names of:

Dr John Bugeja noe (ID 452783M) vs Petroplus Limited (C50905)

The Court ordered the notification of this application to the counter party with a three (3) days period to reply.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By a decree given on the 13th 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 an application filed in the Civil Court, First Hall, on the 24th of September, 2019, by Dr Tancred Agius (ID 95362M) et in the acts of schedule of deposit number 1610/2019 in the names: Dr Tancred Agius (ID 95362M) and Antoinette Debono (ID 407332M) vs Rita Licari (ID 608045M) et, are asking that the said schedule of deposit will be corrected according to the following:

(i) Helen Brincat to be removed as part in the schedule of deposit number 1610/2019 and her name will be deleted from the parties in the said schedule;

(ii) The identity card of Rita Licari's wife of Edward Licari to be corrected and the number of her identity card reads 608054M instead of 608045M;

(iii) the residence of Rita Licari wife of Edward Licari, to be corrected by the fact that the residence as indicated in the parties names in the schedule reads St Julians instead of Ħal Balzan;

(iv) the residence of Joseph Gauci's (ID 973746M) to be corrected by the fact that the residence indicated in the parties names in the schedule reads Tas-Sliema instead of Ħal Balzan;

(v) In the request contained in the schedule number 1610/19 and after the words 'after such receipt is released by law', words added, “the respondents are allowed to withdraw such amounts, as deposited, in these proportions, (i) Rita Licari – two thousand, fifty seven euro and sixty cents (€2057.60), (ii) Joe Gauci – two thousand, fifty seven euro and sixty cents (€2057.60), (iii) Clement sive Meme Gauci – two thousand, fifty seven euro and sixty cents (€2057.60), (iv) Anne Xuereb – three thousand and eighty six euro and fifty cents (€3086.50), and (v) Mary Xuereb – three thousand and eighty six euro and fifty cents (€3086.50);

The Court ordered the notification of this application to the respondents with a four (4) day period to reply.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

ARB/FFO003/2021 – CANCELLATION OF A FOREIGN FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 30th July, 2021, given by the Court of Appeal of Messina, Tribunale del Riesame. In the case:

BERNARD STORACE, 74 years, son of Anthony and Edna née Crockford, born in Tas-Sliema, Malta, on the 26th August, 1946, residing in Dar il-Pitirros, Triq Birbuba, Għarb, Gozo, and holder of Maltese identification card bearing number 734746M.

The Court ORDERED THE CANCELLATION of the freezing order of the assets of the said BERNARD STORACE up to a limit of three million, five hundred fifty-six thousand and twenty-five euro and sixty-five cents (€3,556,025.65) which order was given by the Tribunale di Messina by a decree dated 30th October, 2020, which was duly published in the Government Gazette of the 25th June, 2021.

This notification is being published in terms of Cap. 621 of the Laws of Malta, Legal Notice 180 of 2021 (Mutual Recognition of Freezing Orders and Confiscation Orders Regulations, 2021), and European Union Regulation 1805/2018.

Acting Director, Asset Recovery Bureau

By means of a decree given, by the Civil Court First Hall, on the 8th July, 2021, as presided by this Court (FDP) in the records of the Warrant of Prohibitory Injunction in the names Mary Ann sive Marianna Massa et vs Brian Azzopardi, Application number 918/2021 FDP, the following publication was ordered for the purpose of service of the respondent Brian Azzopardi, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the First Hall Civil Court, in the names Applicant) MaryAnn sive Marianna Massa and her husband Pasquale Fernando sive Leo Massa who have identity card number 616849M and 0064218L respectively against Brian Azzopardi (KI 338273M) on the 22nd June, 2021, the applicant Mary Ann sive Marianna Massa and her husband Pasquale Fernando sive Leo Massat who have identity card number 616849M and 64218L respectively pleaded:

That the interpellants have an interest to secure their rights;

That the interpellants in order to secure their rights wish to hold the respondents from;

Executing, continuing, preparing or in any other manner carrying out any development work, of construction and/ or finishing or other work of any nature including ameliorations, planting or cultivating plants or trees of any nature in the field that the partis have in common, which field is situated in the area known as Ta' San Pawl Kuntent in Triq Ħad-Dingli, Rabat, Malta, and this without the express consent of the applicants as well as hold the applicants from having access to the same field, which field borders with Dingli Road on the northwest on the northeast with Alley number one (1) and on the south with property of the family known as Tal-Fjuri or more correct boundaries as underlying and not overlying property of third paries and thus includes the relative airspace and the underlying land as free and unencumbered from groundrents, burdens and rights in favour of third parties;

That this field belonged to the inheritance of the parents of the applicant Mary Ann sive Marianna sive Marianna Massa Saviour and Rosa Maria spouses Brincat;

That they were six siblings and all had inherited the field in the share of one sixth (1/6) each;

That four of her siblings had sold their share to the respondent by means of a contract of the 11 the May 2018, and the applicant's sister Mary Ann Massa, Fransina Abela sold the applicant her share 1/6 undivided to the applicants and thus the applicants have 1/3 undivided of this field;

That despite of various callings by the applicants to the respondent in order that there be the partition of the same field the respondent after the applicants clearly showed him that they did not want to sell their share of the same field commenced a series of provocations amongst which to close the access of the applicants to the same field.

Thus the applicants' rights shall be seriously and severely prejudiced if the injunction is not upheld.

… omissis …

The Applicants humbly pray that this Honourable Court provisionally uphold the demand in terms of Article 873(2) of Cap 12 of the Laws of Malta.

Republic of Malta

To the Court Marshall

Whereas the above application was presented and there recur all the necessary elements according to law for the order undermentioned,

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court First Hall by Hon. Mr. Justice Francesco Depasquale LLM (IMLI) LLD.

The Application Warrant of Prohibitory Injunction in the names Mary Ann sive Marianna Massa et vs Brian Azzopardi, Application number 918/2021 FDP, has been deferred for hearing to the 2nd September, 2021, at 9.30 a.m.

Notify: Bran Azzopardi, Chateau De Reve, Triq San Pawl Kuntent, Rabat

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on 24th August, 2021, on the application of Maria Muscat (ID 110530M), Thursday, 18th November, 2021, at noon (12.00 p.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 tenement with two doors numbered thirty one (31) and thirty three (33) in tletin Triq San Bastjan, Ħal Qormi, with direct access from the street valued at two hundred and eighty five thousand euro (€285,000).

The said tenement is the property of Bastjan Muscat (ID 935449M), John Muscat (ID 974548M), Maria Grazzia Borg (ID 840154M) and the absent Joseph Muscat and by decree of the 6th October, 2004, had been nominated Dr Vincent Galea and PL Veronica Rossignaud as curators.

N.B. The said tenement will be sold as described in the acts of judicial sales number 21/2020.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal, on the 4th August, 2021, as presided (MCH-GCD-AE) in the records of the Application of Appeal number 737/2001/2, in the names Adv. Dr Tonio Fenech et noe vs Adv. Dr Patrick Spiteri pro et, the following publication was ordered for the purpose of service of Silvana Spiteri and Advocate Dr Patrick Spiteri, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a notice of hearing of a cause issued by the Registry Superior Courts, on the 19th May, 2021, and whereas the procedures in writing in the cause before the Court of Appeal, between Advocate Doctor Tonio Fenech and Advocate Doctor Kenneth Grima as special mandataries of the absent Ronald Luther Philipps and by decree of the 9th February, 2016, it was ordered that the cause be coninued as plaintiffs by Advocate Doctor Kenneth Grima and by Advocae Doctor Edward Debono as special mandataries of the absent Deborah Ann Allen née Philipps as universal heir of Ronald Luther Phillips who died during the proceedings in substitution of Advocate Doctor Tonio Fenech and Advocate Doctor Kenneth Grima who were special mandataries of the same Ronald Luther Philipps vs Advocate Doctor Patrick Spiteri in his own name and on behalf of the firm of Advocates Muscat Azzopardi Spiteri and Associates and his wife Sylvana Spiteri as participant in the community of acquests with the same Advocate Doctor Patrick Spiteri as well as Judge Godwin Muscat Azzopardi in his own name and on behalf of the firm of Advocates Muscat Azzopardi and Associates and his wife Mary Anne sive Marian as participant in the community of acquests with the same Godwin Muscat Azzopardi , the Court, fixed the hearing of the cause on Tuesday eight (8) of June, 2021, at 8.540 a.m. and deferred to the 19th October, 2021, at 9.45 a.m.

Notify: 1) Sylvana Spiteri, San Anton, Wardija Hill, Wardija.

2) Adv. Dr Patrick Spiteri noe, 13, Triq Hookham Frere, Gwardamanġa

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 24th August, 2021, on the application of HSBC Bank Malta plc (C3177), Thursday, 18th November, 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:

Temporary utile dominium of the terraced house, officially numbered sixty-eight (68) built on a portion divided of land plot number four hundred and thirty-nine (439) in Triq Dun Amabile Sisner, Pembroke, as subject to annual and perpetual ground rent of one hundred and twenty-one euro and thirteen euro cent (€121.13) per year. The ground rent ending the twenty-fifth year period from the sixth (6th) March, one thousand, nine hundred and eighty eight (1988) is revisable every twenty-five years and will be increased by 15% of annual ground rent as described in the public contract in the acts of Notary Anthony Grech Trapani dated seventeen (17th) November, one thousand nine hundred and ninety nine (1999), by which the said property was acquired from the Housing Authority, valued at seven hundred, twenty eight thousand euro and eight hundred and seventy five euro (€728,875)

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

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

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the First Hall, Civil Court, on the 18th June, 2021, as presided by this Court (CFS) in the records of the Sworn Application in the names John Bugeja vs Alexander Aloisio, Application Number 451/2021 CFS, the following publication was presided for the purpose of service of the respondent Alexander Aloisio, in terms of Article 187(3) et seq of Cap. 12. This Application was deferred for hearing from the sitting of the 18th June, 2021.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names John Bugeja (ID 29538M) vs Alexander Aloisio (ID 766551M) on the 10th May, 2021, by the applicant John Bugeja (ID 29538M) in terms of Article 258 of Cap. 12 of the Laws of Malta, the said applicant John Bugeja (ID 29538M) respectfully pleaded:

That the interpellant is a creditor of the respondent Alexander Aloisio in the amount of forty thousand euro (€40,000) and this as results from the public deed of Notary Dr John Gambin, dated 19th August, 2009, which deed constitutes an executive title in terms of Article 253(B) of Cap. 12 of the Laws of Malta;

That since the respondent remained in default and in order to render the above executive title executable the interpellant filed the judicial letter number 719/2011;

… omissis …

That by the application of the provisions of Article 256(2) of Cap. 12 of the Laws of Malta, the interpellant rendered his executive title executable two days from the notification of the judicial letter and thus on the 31st August, 2011;

That till this day the respondent remained in default and did not pay that due by him to the interpellant and the amount of forty thousand euro (€40,000) above indicated is still due to the respondent in its entirety including the costs and interests against the respondent;

Thus, the applicant is humbly asking this Honourable Court to authorise the executive of the executive title obtained by means of the judicial letter with number 719/2011, against the respondent saving any other provision which the Honourable Court deems fit and opportune,

The Sworn Application in the names John Bugeja vs Alexander Aloisio, Application number 451/2021 CFS, has been deferred to the 22nd September, 2021, at 8.30 a.m.

Notify Respondent: Alexander Aloisio, 28, Għar id-Dud, Tas-Sliema

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 25th of August 2021, by The Civil Court (Voluntary Jurisdiction Section) on an application number 981/2021 filed by Mary-Anne Mallia et, wherein it has been ordered the opening and publication of the secret will of Sister Carmela Fenech, (KI 660209M), spinster, daughter of Carmelo Fenech and Annunziata née Borg, born at Ħal Lija, Malta, and died at Tal-Virtù, limits of Rabat, on the 16th of July, 1996, aged 86 years.

The opening and publication are going to be held on Tuesday the 19th of October, 2021, at nine in the morning (9.00 a.m.) at the Hall presided by Judge Grazio Mercieca, Law Courts Building, Triq ir-Repubblika, Valletta, under the ministry of Notary Dr Luke Caruana.

Josie Azzopardi

For the Registrar Civil Courts and Tribunal

IT IS hereby notified that by an application filed in the Court of Magistrates (Gozo), Voluntary Jurisdiction, on the fifteenth (15th) of July of the year two thousand and twenty one (2021) (Application number 76/2021BS) Monica Galea et requested the opening of the succession of Joseph Buttigieg, pensioner, husband of Carmela Buttigieg, son of the late Michael Buttigieg and Mary née Attard, born in Rabat, Gozo, and used to reside in Nadur, Gozo, died in Tal-Qroqq, Msida, on the eighteenth (18) of November of the year two thousand and nineteen (2019), intestate, that his inheritance was superseded as to one half (1/2) undivided share in favor of his wife Carmela Buttigieg and the other one half (1/2) undivided share was superseded by his five (5) children and that is Monica, Sandro, Mario, Peter Paul and Elaine, in equal undivided shares. That therefore the succession of the mentioned Joseph Buttigieg is to be declared open as to the following share in favour of applicants: one half (1/2) undivided share in favour of his wife Carmela Buttigieg; a share of one out of ten (1/10) in favour of his daughter Monica Galea, a share of one out of ten (1/10) in favour of his son Sandro Buttigieg, a share of one out of ten (1/10) in favour of his son Mario Buttigieg, a share of one of ten (1/10) in favour of his son Peter Paul Buttigieg, a share of one out of ten (1/10) in favor of his daughter Elaine Camilleri, which opening of succession of Joseph Buttigieg is to be made in the following share: as to one half (1/2) undivided share in favour of his wife Carmela Buttigieg; a share of one out of ten (1/10) in favour of his daughter Monica Galea; a share of one out of ten (1/10) in favour of his son Sandro Buttigieg, a share of one out of ten (1/10) in favour of his son Mario Buttigieg, a share of one out of ten (1/10) in favour of his son Peter Paul Buttigieg, a share of one out of ten (1/10) in favour of his daughter Elaine Camilleri.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns.

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by the First Hall Civil Court, (Constitutional Jurisdiction) on the 26th May, 2021, as presided by this Court (MH) in the records of Consitutional Application, in the names Gordon Camilleri et vs The State Advocate et, Application number 298/2020 MH, the following publication was ordered for the purpose of service of the respondents Angela Dingli and Adv. Dr Adrian Dingli, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Constitutional Court ,in the names Gordon Camilleri (ID 127472M) and Catherine Camilleri (ID 62669M) vs the State Advocate, Casa Scaglia,126, Triq Mikiel Anton Vassalli, Valletta, Angela Dingli (ID 403560M) and Advocate Doctor Adrian Dingli (ID 616463M) on the 16th December, 2020, the applicant Gordon Camilleri (ID 127472M) et respectfully pleaded:

1. That the applicants are the owners of he premises 13, Zarimi Court, Flt 2, Triq Mattew Pulis, Tas-Sliema, that they acquired by a contract of the 11th September, 2006, in the records of Notary Henri Vassallo;

2. That the premises in question is not a decontrolled premises;

3. That the said premisess has long been leased to the respondents Dingli or rather their parents or rather their mother Hilda Dingli for circa the last sixty years towards the rent of (€209.00c) yearly in terms of Act X of 2009;

4. That as above stated the rent that the respondents Dingli are bound to pay in terms of law amounts to (€209.00c) yearly when the rental value of the premises on the market is much higher;

… omissis …

7. That the protection given to the lessees Dingi by the provisions of Cap. 69 of the Laws of Malta and Act X 0f 2009, are not just and do not create a balance of proportionality between the rights of the owner and those of the lessees and there is a violation of the Constitution of Malta and the First Aricle of the Protokol of the European Convention and Article 6 of the Convention;

… omissis …

13. Nor is it just and equitable that the premises in question should have the same rental value imposed by law in terms of Article 1531 C of Cap 16 of the Laws of Malta;

… omissis …

18. That in view of the caselaw mentioned in the application even in that of the European Court of Human Rights and in view of the fact that certainly there is no doubt that the applicant, is suffering a violation of his fundamental property rights as sanctioned by the said Article 1 of the First Prookol of the Europoean Convention and Article 37 of the Constitution of Malta, this Honourable Court should do the same and should furthermore liquidate a satisfactory pecuniary and non-pecuniary compensation for the violation lamented and order the eviction of the respondents Dingli from the premises de quo.

Thus, the applicant respectfully pray that this Honouranble Court saving any necessary and opportune declaration and for the reasons premised so that the respondents state why it should not,

1) Declare and decide that as regards the applicants the facts above exposed and the provisions of the Reletting of Urban Property (Regulation) Ordinance or rather the current Cap 69 are giving the right of indefinite renewal to the respondents Angela Dingli and Advocate Dr Adrian Dingli, for the premises 13, Zarimi Crt, Fl 2, Triq Mattew Pulis, Tas-Sliema, and this in violation of the fundamental rights of the applicant as sanctioned in the First Article of the First Protokol of the European Convention (the First Schedule of Cap. 319 of the Laws of Malta) and uphold the other demands in the application amongst which that it declares and decides that the respondent State Advocate is responsible for the compensation and damages suffered by the applicant, liquidation of compensation in terms of law and legal interest as demanded in the application.

With costs and the summons of the respondents so that a reference to their evidence be made.

The Application number 298/2020 MH, in the names Gordon Camilleri et vs the State Advocate, has been deferred for hearing to the 29th November, 2021, at 9.30 a.m.

Notify: Angela Dingli and Adv. Dr Adrian Dingli, 13, Zarimi Court, Flat 2, Triq Mattew Pulis, Tas-Sliema

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the 11th June, 2021, given 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)

That by an application filed by HSBC Bank Malta plc with the registration number C3177 on the 12th August, 2021, is asking for the withdrawal of the amount of €224,768.49 deposited by Schedule of Deposit number 1479/21 in the acts of judicial sale file number 5/21 in the names HSBC Bank Malta plc (C3177) vs David Muscat (ID 218594M). The Court ordered the notification of this application to the interested parties with five (5) days to file a reply.

Gaetana Aquilina

For the Registrar of Civil Courts and Tribunals