Court Notices published in Govt. Gazette No. 20,779 of 4th February 2022

By decree given by the Civil Court, First Hall on the 19th October, 2021, on the application of APS Bank plc gja APS Bank Ltd (C2192), Tuesday, 8th March, 2022, 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, Triq ir-Repubblika, Valletta, of the following property:

The apartment internally marked number two (2), situated on the elevated ground floor level, in the complex '97, Chamonix Court' in Triq it-Torri, Birkirkara, on the right hand side when one faces the building complex of which the apartment forms part of, from the road. The apartment overlies one floor of garages and underlies two apartments. Included with the apartment is the courtyard situated at the back of the apartment along with the internal courtyard. 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 in title. 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 stairs to the roof (but excluding the roof), halls, lift and lift shafts. The roof shall not be considered as 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 sale. 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. The apartment is free and unencumbered with all its rights and appurtenances and is subject to the right of active rights and is subject to the passive servitudes resulting from the relative position of the apartment in the complex, including the common drainage and rainwater system as better described in the acts of Notary Rachel Busuttil dated twenty-first May of the year two thousand and fourteen (21.05.2014) and is valued at two hundred seventy six thousand and nine hundred and sixty euro (€276,960).

The lock up garage at semi basement level marked with unofficial number five (5) forming part from a level of garages, underlying block marked with official number ninety seven (97) 'Chamonix Court' in Triq it-Torri, Birkirkara, accessible from a common drive in and ramp on the right hand side of the block when one faces the building complex of which the apartment forms part of, from the road. The garage is bounded on the northeast by common drive in and southeast and northwest by property of Jakro Developments Limited or their successors in title, included also 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 free and unencumbered with all its rights and appurtenances, 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 as better described in the acts of Notary Rachel Busuttil dated twenty-first May of the year two thousand and fourteen (21.05.2014) and is valued at twenty two thousand eight hundred and five euro (€22,805).

The said tenement is the property of Aloisio Daniel (ID 353976M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 17/2021.

Gaetana Aquilina

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 27th January, 2022, and upon an application numbered 7/2022, Ordered:

The correction or annotation in the Act of Marriage of Catherine Taylor bearing the number 2524/2021, whereby her surname appears as 'Taylor' instead of 'Coghill'.

Court of Revision of Notarial Acts

DR. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LL.B. (HONS) (MELIT.), M. ADV. (MELIT.)

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 27th January, 2022, and upon an application numbered 6/2022, Ordered:

That when it comes to the registering of the Act of Birth of Peter John Evetts in the Malta Public Registry, the Director of the Public Registry shall effect the correction or annotation whereby his surname 'Evetts' appears instead of 'Brady'.

Court of Revision of Notarial Acts

DR MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.)

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 27th January, 2022, and upon an application numbered 8/2022, Ordered:

That when it comes to the registering of the Act of Birth of Liam Michael Owen Evetts in the Malta Public Registry, the Director of the Public Registry shall effect the correction or annotation whereby his surname 'Evetts'  appears instead of 'Kendrick'.

Court of Revision of Notarial Acts

DR MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

By decree given by the Civil Court, First Hall, on the 20th January, 2022, on the application of HSBC Bank Malta plc (C3177), Thursday, 12th May, 2022, 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, at first (1st) floor level, internally marked number four (4), in block named 'Alder Court', in Triq Nard Mallia, Żurrieq, accessible from the same block, with all its rights and appurtenances, and with the right of use of the parts intended for common use including amongst others the main entrance of the block, the common staircase, the lift and the drainage system as better described in the acts of Notary Ruben Casingena of the thirteenth September, two thousand and twelve (13.09.2012) and is valued at two hundred and sixty five thousand euro (€265,000).

The said tenement is the property of Stefanov Alexander (ID 48811A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 43/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the 1st of February, 2022 (Application number 70/2019BS), Bernarda sive Bernardette Muscat, unemployed, wife of same Andrew Muscat, daughter of Coronato Ellul and the late Pia née Zammit, born in Victoria, Gozo, and residing in Nadur, Gozo, holder of identity card number 39264G has been confirmed temporarily incapacitated from all acts of civil life, which incapacitation is temporary for the period of one year for all transactions which involves money and payments.

Andrew Muscat, self-employed, son of the late Peter Paul Muscat and Grezzja née Pisani, born in Nadur, Gozo, and resides in Nadur, Gozo, holder of identity card number 49858G, has been nominated as her curator, by virtue of the said decree.

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the firsth (1st) of February, 2022 (Decree number 15/2022BS following application number 115/2021(BS) Stephen Attard, bachelor, son of the late Giuseppe Attard and Emanuela née Vella, born and resides in Victoria, Gozo, and holder of identity card number 766G, has been confirmed incapacitated.

Dr Jonathan Mintoff, lawyer, son of Anthony Mintoff and Domenica née Mifsud, born in Tal-Pietà, Malta, and resides in Għasri, Gozo (identity card number 9495M), has been nominated as his curator, by virtue of the said decree.

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

By a decree of the Small Claims Tribunal of the 4th August, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Anthony Azzopardi (ID 419957M) and Charles Azzopardi (ID 205854M) carrying on trade under the name of Azzopardi Fisheries of Triq il-Mosta, St Paul's Bay, filed a Claim on the 21st June, 2021, whereby they asked the Tribunal to condemn Mark Anthony Portelli of It-Teatro Trattorija Pizzerija, 55/54, Triq it-Teatru l-Qadim, Valletta, to pay the plaintiffs the sum of €4325.47, which amount is due to the plaintiffs.

With costs and interests

The case (Claim number 177/2021SFJ) is deferred on the 8th February, 2022, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 01st February, 2022, on the application of J. Zammit Limited (C37945), Wednesday, 23rd March, 2022, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction, to be held in garage number twenty seven (27) in Triq tal-Ħlas, Ħaż-Żebbuġ, Malta, of the following items seized from the property of Vassallo Marco (ID 456372M).

Vehicle of the make Ford Fiesta with chassis number WF0HXXWPJH7P20222

N.B. The vehicle will be sold as described in the acts of Judicial Sale file number 6/21.

Gaetana Aquilina

For the Registrar of Civil Courts and Tribunals

IT is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction, on the 2nd of February, 2022 (Decree number 14/2022BS following Application number 116/2021BS) Georgina Grech, widow of Tarcisio Grech, daughter of the late Joseph Camilleri u Filomena Incorvaia, born in Birkirkara, Malta, and residing in the elderly home in San Lawrenz, Gozo (identity card number 543947M) has been confirmed incapacitated from all acts of civil life.

Rita Grech, daughter of the late Tarcisio Grech and Georgina née Camilleri, born in Tal-Pietà, Malta, and residing in Għajnsielem, Gozo (identity card number 117774M), has been nominated as her curator, by virtue of the said decree.

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by the Court of Appeal, on the 8th November, 2021, Application of Appeal number 448/2021, in the names Gordon Blanco vs Kurt Grech, the following publication was ordered for the purpose of service of the respondent Gordon Blanco, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application , Following the judgement in the names Application number 448/2021 JVC, in the names Gordon Blanco (ID 02666082M) as special mandatary on behalf and in representation of the absent George Victor Cassar (passport of the United States with number 645012026), Patricia Marie Cassar (passport of the United States with number 647910482), Janet Ann Mutch (passport of the United States with number 591745940), and Josephine Rita Cassar (passport of the United States with number 645012026) qua heir of the deceased George Cassar and qua owners of the premises with number '43' previously twenty nine (29) in Triq is-Sirena,Senglea vs Kurt Grech (ID 0433988M), on the 7th July, 2021, the applicant Kurt Grech respectfully pleaded:

1. That this application is an appeal from the judgement of the First Hall Civil Court of the 30th June, 2021, in the names premised;

2.That by means of an application filed by means of the special summary procedure Gordon Blanco as special mandatary on behalf and in representation of the absentees asked,

… omissis …

1. That the respondent is occupying the premises number forty three (43) previously twenty nine, in Triq is-Sirena, Isla, be evicted,

… omissis …

10.That by means of a judgement of the First Hall Civil Court, in the names premised the Court;

a. declared the first demand overruled,

b. Upheld the second demand and declared that the respondent is occupying and holding the flat forty three (43) previously twenty nine (29) Triq is-Sirena, Isla, without any valid title at law,

c. Upheld the third demand and ordered the respondent so that within a maximum period of four (4) months from the date of the judgement he vacates the said premises and delivers the keys to the applicants,

11. That the facts in brief are the following,

… omissis …

12. That the interpellant felt aggrieved by the decision of this Honourable Court in the names premised of the 30th June, 2021, and this due to the fact that he had a defense to bring forward and thus once he had the plea that the action was prescribed in terms of Art. 2143 of Cap. 16 of the Laws of Malta, with all respect the Honourable Court should have never hear the cause by means of the summary procedure, which brought about his eviction from the premises,

13. That the aggrievance of the appellant is clear and manifest and consists in the following,

That the appellant humbly upholds that he had pleas to bring forward and thus does not agree with the decision of the Honourable First Court that the appellant did not satisfy the Court that prima facie he had pleas and passed on to hear the hear the cause by summary proceedings,

… omissis …

With respect and humbly the appellant submits that he managed to proof that he had pleas to make and thus the Honourable First Court was mistaken when it heard the cause by summary proceedings and upheld the plaintiff's demand.

… omissis …

Thus, the interpellant whilst referring to all the records of the case and reserves to make all the observations he deems fit to produce all the proof admissible according to law at this stage respectfully prays this Honourable Court to uphold the grievance of the appellant,

1. To cancel and revoke the judgement appealed in the names Gordon Blanco, holder of identity card number 0266082M, as special mandatory on behalf and in representation of the absent George Victor Cassar (passport of the United States with number 645012026), Patricia Marie Cassar (passport of the United States with number 647910482), Janet Ann Mutch (passport of the United States with number 591745940), and Josephine Rita Cassar (passport of the United States with number 645012026), qua heir of the deceased George Cassar and qua owner of the premises with number 43 previously twenty nine (29) in Triq is-Sirena, Senglea vs Kurt Grech (ID 0433988M) decided on the 30th June, 2021, and consequently whilst declaring that the appellant has a valid defence to make and thus this cause should not be decided by summary proceedings sends back the records to the Honourable First Court so that the appellant presents his sworn reply so that the cause be continued in its normal course.

With costs, of both instances against the respondent

Notify Respondent: 12, Sea Pebbles, Mais 1, Triq ix-Xambekk, Baħar iċ-Ċagħaq

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree , given by the Court of Appeal, on the 5th January, 2022, in the records of the Application in the names Richard Bilocca vs Marianna Bilocca, Application number 93/21, the following publication was ordered for the purpose of service of the respondent Mariana Bilocca, 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 Richard Bilocca vs Mariana Bilocca, on the 29th November, 2021, the applicant Richard Bilocca (ID 1185M) respectfully pleaded:

That the respondent Marianna Bilocca, née Cachia, filed a request at the Curia of Malta, in order that the marriage which was celebrated between her and the applicant Richrd Bilocca on the 3rd October, 2008, at the Church of Santa Katerina, Żurrieq, be declared null;

That the Metropolitan Tribunal of First Instance in Malta, upheld her demand and declared null the said marriage by means of a judgement published on the 22nd of October, 2021;

That no one of the parties filed an appeal from the said decision;

That by means of an executive decree given on the 15th November, 2021, the same Regional Metropolitan Tribunal of Second Instance of Malta, declared , confirmed and certfied the executive force of the said judgement;

That the applicant is availing himself of the provisions of Article 24 et sequitur of the Marriage Act (Cap. 255 of the Laws of Malta) so that the decision above mentioned be registered and recognised civilly for all intents and purposes of law.

Thus, for the reasons premised the interpellant respectfully prays this Honourable Court,

1. To declare that the judgement published on the 22nd October, 2021, has effect and is to be recognised as if it were a judgement given by the Maltese Civil Court and which has become res judicata according to Article 19 of Cap. 255 of the Laws of Malta, and uphold the other demands in he application amongst which the registration of the said judgement for all intents and purposes of Cap. 255 of the Laws of Malta.

Notify Respondent: Marianna Bilocca née Cachia, 28, Triq San Bartilmew, Żurrieq

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

ARB/C005/2022 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 31st January, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Gabriella Vella, LLD). Compilation Number 785/2021, in the case:

The Police

(Inspector Shaun Frigġieri)

(Inspector Joseph Xerri)

Versus

MOHAMED MOUSSA, taxi driver, 35 years, son of Omar Moussa and Mona El Daoud, born in Tyre, Lebanon on the 18th December, 1986, residing at Mir Court, Flat 9, Triq Toni Wiżżini, Birkirkara, and holder of Maltese identity card bearing number 414008L.

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 MOHAMED MOUSSA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property up to the limit of sixty-five thousand and fifty Euro and twenty-one cents (€65,050.21), and this in terms of Article 23A of the Criminal Code, Cap. 9 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 (2) 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, after the accused indicates with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Article 23A and Article 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.

That this freezing order is thus revoking the temporary freezing order issued through decree dated 25th January, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature presided by Magistrate Dr Gabriella Vella, LLD.

Director, Asset Recovery Bureau

By means of a decree of the 23rd November, 2021, of the Rent Regulation Board, in the records of the Application in the names Anthony Vassallo vs Roderick Agius et, Application Number 209/2021MV, the following publication was ordered for the purpose of effecting service on the respondent Roderick Agius in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Anthony Vassallo (ID 774340M) vs Roderick Agius (ID 382771M) and Housing Authority filed in the Rent Regulation Board, on the 18th June 2021, the applicant Anthony Vassallo (ID 774340M) requested this Honourable Board why it should not:

1. Revise the rent of the one-sixth (1/6) undivided share belonging to the applicant, of the premises that is the mezzanine number 1 with the name of Dorsam in Triq Emmanuel Stivala, Rabat, Malta, which share is leased to the respondent at the entire rent of €233,28 per annum, of which the applicant in view of his undivided share receives the amount of €38,88 per annum, to an amount not exceeding 2% per annum of the free and open market value, on 1st January, 2021, as well as in order to establish new conditions regarding rent, and this in accordance with Article 4A of Cap. 69 of the Laws of Malta; and

2. Subordinate and without prejudice to the first request, in case the respondent does not meet the criteria of income and capital of the means test in terms of law, allows the respondent to vacate the said premises within two (2) years and this with a compensation in favour of the applicant during this period as determined by this Honourable Board.

With costs against the respondent who is from now summoned so that a reference to his oath be made.

Applicant: 18, Strathisla, Triq Robert Samut, Tal-Virtù, Rabat, Malta

Respondent: Dorsam, Triq Emmanuel Stivala, Rabat, Malta

Housing Authority

The application in the names Anthony Vassallo vs Roderick Agius et, Application number 209/2021MV, has been postponed for hearing to the 22nd February, 2022, at 12.20 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

DKR 138/2015 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 23rd December, 2021, given by the Criminal Court – (Mr. Justice Dr Aaron M. Bugeja, LLD) following an application filed by Kenneth Brincat on the 25th October, 2021, Compilation number 314/2015, in the case in the names:

The Police

Versus:

KENNETH BRINCAT, 33 years, son of Edgar and Veronica née Galea, born in Pieta' Malta on the 10th February 1988, residing at number 67, Flat 2, Triq Raddet ir-Roti, Mosta, Malta, and holder of Maltese identity card bearing number 0109588M.

The Court acceded to the request of the accused Kenneth Brincat and varies the freezing order de quo only and limitedly as stated below:

(a) Authorises the applicant to acquire the half of the undivided share of the property Sacred Heart, Triq tas-Sisla, Swatar from Andreea Prodan in accordance with the draft exhibited;

(b) From the moment the relative deed of transfer is published and the applicant also acquires Prodan's share of the said establishment, the applicant's full share of the immovable property de quo, now the property ownership in it , shall be deemed to be affected in its entirety by the freezing order de quo;

(c) This authorisation is made only to a limited extent in order to enable such transfer and does not in any way imply any authorization other than this; or that this Court has made any prior verification in connection with or agrees with, confirms, endorses, underwrites, sanctions or, in any other way, approves, or considers or accepts as true or genuine, any declaration of ownership or provenance, value of the immovable property or of the share transferred, or any declaration required to be made in the said public deed in accordance with Cap. 373 of the Laws of Malta; and this order shall in no way be construed, understood or used as having any probative value in relation to the facts of the case or in determining the merits of the criminal action brought against the applicant or which came to the issuance of the de quo freezing order; so that this decree leaves the merits of the criminal action against the applicant completely unaffected;

(d) Appoint Dr Robert Musumeci to:

i.  While being present for the publication of the de quo transfer contract;

ii. Follow the progress of this contract;

iii. Ensure that the terms of this decree are fully complied with;

iv. Also to see that a copy of this contract is inserted in the records of this case.

(e)        That the deed of transfer de quo is to be published by Notary Annalisa Caruana at a date and time agreed between the parties and Dr Robert Musumeci.

This variation is being published in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta, following another variation given by the Criminal Court (Madame Justice Dr Edwina Grima, LLD) on the 27th August, 2021, and published in the Government Gazette of the 10th September, 2021, following another variation given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri, LLD) on the 02nd June, 2016, and published in the Government Gazette of the 21st June, 2016, following another variation given by the Criminal Court (Mr Justice Dr Giovanni Grixti, LLD) on the 6th December, 2016, and published in the Government Gazette of the 6th January, 2017, and following a freezing order which decree was given on the 20th March, 2015, by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Gabriella Vella, LLD) and published in the Government Gazette of the 27th March, 2015, 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 Kenneth Brincat.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals