Court Notices published in Govt. Gazette No. 20,881 of 24th June 2022

ARB/C017/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 23rd July, 2021, given by the Criminal Court (Hon. Mister Justice Dr Giovanni M. Grixti, LLD). Compilation Number 159/2021, in the case:

The Republic of Malta

Versus

BRIAN TONNA;

MANUEL (EMMANUEL) CASTAGNA, auditor, 47 years, son of the late Louis and Pauline née Hili, born in Ħ'Attard, Malta, on the 13th June, 1973, residing at 2, Id-Dar, Triq il-Gardell, San Ġwann, and holder of Maltese identity card bearing number 282073M.

KARL CINI;

MARIE KATRIN BONDIN CARTER;

K B T HOLDINGS LIMITED;

BT INTERNATIONAL LIMITED;

NEXIA BT LIMITED;

NEXIA BT ADVISORY SERVICES LIMITED;

BTI MANAGEMENT LIMITED;

SPX SERVICES LIMITED;

AND

WILLERBY TRADE INC.;

The Court AUTHORISES the accused MANUEL (EMMANUEL) CASTAGNA to continue paying the home loans and arrears due as indicated through Court decree dated 23rd July, 2021, of the bank accounts ending in -7169 and -7146 held at the Bank of Valletta plc. That these payments must be carried out from the bank account held by the accused MANUEL (EMMANUEL) CASTAGNA and ending in -5011, which is also held at Bank of Valletta plc. Correspondingly the Court AUTHORIZES the Bank of Valletta plc to receive and execute the necessary internal transactions required to transfer funds between the accounts for the payments of these home loans.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Charmaine Galea, LLD) on the 20th March, 2021, which was published in the Government Gazette on the 26th March, 2021 where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Brian Tonna, MANUEL (EMMANUEL) CASTAGNA, Karl Cini, Marie Katrin Bondin Carter, KBT Holdings Limited, BT International Limited, Nexia BT Limited, Nexia BT Advisory Services Limited, BTI Management Limited, SPX Services Limited, and Willerby Trade Inc.

Director, Asset Recovery Bureau

Banns for Curators

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 10th of June, 2022, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organisation and Civil Procedure.

By decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 10th of June, 2022, in the acts of the Sworn Application bearing number 67/2022 BS of Joseph Grima et residing at 5, Triq Ta' Sannat, Xewkija, Gozo, holder of identity card number 25562G, humbly requests:

i. Whereas the applicants are co-owners of the tenement namely a house officially marked with the number two (2) in Triq Tas-Salib, Xewkija, which in the past was marked with the number one (1), without name and located at the corner between Triq Ta' Baqqari and Triq Tas-Salib, Xewkija, with all the land annexed thereto, both in front and at the back of the main building, and including a separate building at the rear of the same plot, the depth and area of which cover a surface area of approximately nine hundred and twenty square meters (920m²) or other more correct measurements, the whole is bounded on the south by Triq Tas-Salib, on the west by Triq Ta' Baqqari and on the east by third-party property, or more precise boundaries, with its airspace and subsoil.

ii. Whereas the said property devolved unto applicants through inheritance, as will also be explained in the course of the lawsuit, and the property has been held jointly between the parties for well over three (3) years;

iii. Whereas as established in the judgment of this Honourable Court of the 26th November 1996, in the case in the names 'John Debrincat et vs. Carmelo Cauchi et' (Sworn Application number 41/1984), this property was originally owned by the siblings: Emanuel, Carmelo, Antonio, Angelo, Giovanna Pace, Rita Grima and Maria widow of Giuseppe Cauchi, all siblings Cauchi, and this following a deed of partition of the 23rd October, 1948, in the records of Notary Francesco Refalo;

iv. Whereas the same property had long been disused and in such a state of disrepair that its state is now derelict and practically dilapidated;

v. Whereas the applicants found the opportunity to sell this property, and entered into a promise of sale agreement for the sale of the same on the twenty-ninth (29th) of January of this year (2022), which promise of sale agreement also shows the number of shares involved, as well as the terms and conditions under which this sale will take place, a copy of which is attached hereto and marked as document 'A';

vi. Whereas the applicants are not in a position to sell the entire property of which they are co-owners given that the defendants John Haber and George Haber sons of the late Francesca Haber, who jointly are the owners of the quota of sixty-nine out of four thousand four hundred and eighty undivided share (69/4480) are not giving their consent for this sale, and the applicants therefore are having recourse to Article 495A of Cap. XVI of the Laws of Malta so that the sale of the whole be approved and executed by order of this Honourable Court;

vii. Whereas the applicants have a majority share of four thousand four hundred and eleven out of four thousand four hundred and eighty undivided parts (4411/4480) apportioned between them according to the annexed table marked 'B', which also shows the value of each quota held by the parties out of the price agreed with the buyers and this as required by article 495A (2) of Cap. XVI;

viii. Whereas the sale price of the property is fair and real, and reflects the market price, as it results from the annexed certificate of the AIC Alexander Bigeni marked 'C'.

Wherefore, in view of the above, the respondents are being asked to state why this Honourable Court shall not:

1. Authorise the sale in accordance with the terms and conditions indicated in the above-mentioned promise of sale agreement of the 29th January, 2022;

2. Set the date, time and place where the same deed of sale is to be published;

3. Nominate Notary Anna Maria Mizzi to publish the relative public deed;

4. Confirm the Deputy Curator appointed in these proceedings to appear on the relative public deed to represent the interests of the absent John Haber and George Haber;

5. Give such directions and orders to the Notary Public appointed to deposit the share due to the dissenting respondents from the proceeds of the same sale authorised by this Honourable Court.

And all this under those provisions which this same Honourable Court deems appropriate and opportune.

All costs against the respondents who are summoned so that a reference to their evidence be made.

You, the executive officer of the Court of Magistrates (Gozo), are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six (6) days, and by means of a minute to submit a declaration that they would like to so act.

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

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

Superior Jurisdiction, General Section

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals

Notice in terms of article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

Sworn Application number 54/2022 BS

Application in terms of Article 495A of the Civil Code

Advocate Dr. Aaron Mosè Attard Hili (ID21266G) 31/4, Main Gate Street, Victoria, Gozo for all the interest which he may have

and

Joseph Said (ID55444G) 90, Triq il-Knisja, Xagħra, Gozo, who is appearing in the name and on behalf of:

Sammy Attard, Australian driver's license number 043976508; Joseph Attard ,Australian driver's license number 047043011; Darren Attard, Australian driver's license number 05793241; Emanuel Bajada, Australian passport number N8993803; Charles Paul Joseph Vella, Australian driver's license number 5576K; Joseph Vella, Australian driver's license number 5676MD; Paul Vella, Australian driver's license number 6486R2; Mary Falzon, mobile parking scheme number 2042209905; Antoinette Vella, Australian driver's license number 2398BW, as duly authorised,

and

Rose Apap (ID 41964G) 8, Triq il-Virtù, Għarb, Gozo, in the name and on behalf of:

Anne Marie Attard, freedom pass number 533597022626612973; Maria Attard, UK passport number 542151672; Mandy Attard, UK passport number 544076167; Sammy Cassar, Australian passport number PA7566722; Diana Cassar,  Australian passport number N4687056; Ann Pantalleresco, Australian passport number PA1552876, as duly authorised,

and

Gabriella Micallef (ID30338G) 147, Triq Għajn Qatet, Victoria, Gozo

vs

Deputy Curator to represent the empty inheritance of the deceased Joseph Attard, son of Saviour and Anna spouses Attard, who died on 9.11.1969.

Application in terms of Article 495A by the applicant Rose Apap nomine et

Humbly request:

1. Whereas all applicants except Dr. Aaron Mosé Attard Hili are owners of a house, numbered one hundred and thirty-eight (138), previously bearing the number forty-four (44), located in an alley without name and without number, which abuts onto Triq Bullara, Xagħra, Gozo, partly overlying third party property with its annexed garden enjoying a right of prospect over property of third party with its rights and appurtenances free and unencumbered;

2. Whereas property devolved upon the parties from the estate of the late Saviour and Anna spouses Attard;

3. Whereas Saviour Attard died testate on 9.11.1959 and regulated his succession by means of an unica charta in the acts of Notary Dr Francesco Gauci dated 2.8.1949 and was succeeded by his nine (9) children: Vincenza Sultana, Carmela Vella, Giuseppe Attard, Francesco Attard, Victoria Bajada, Pawla Cassar, Gabriella Micallef, Emmanuele Attard and Giovanni Attard;

4. Whereas Anna Attard died testate on 27.4.1980 and regulated her succession by means of two wills namely: the above mentioned unica charta will and another one dated 2.7.1964 in the acts of Notary Dr Antonio Galea. By means of the latter will bequeathed her half undivided share (1/2) of the property de quo by remuneratory prelagacy to her son Francesco Attard;

5. Whereas Vincenza Sultana, the daughter of Saviour and Anna spouses Attard, received as her share from the inheritance of her parents, the dowry consisting of a plot of land called Il-Moxa, situated in Triq il-Knisja, Xagħra, Gozo. Hence having no share whatsoever from the said property as evidenced in her Death Declaration Act as shown in the attached document and marked as Doc. AF1;

6. Whereas Carmela Vella, the daughter of Saviour and Anna married Attard, died on 13.8.2011, and regulated her succession by means of an Australian will dated 27.4.2004 in which she appointed her five (5) children as the heirs to her property: Charles Paul Joseph Vella, Paul Vella, Joseph Vella, Mary Falzon and Antoinette Vella;

7. Carmela Vella's declaration transfer causa mortis in the acts of Notary Dr Josianne Mifsud on 14.12.2011 property was not declared, hence it will be published together with the deed of sale;

8. Whereas Paula Cassar, daughter of Saviour and Anna spouses Attard, died 25.3.2021 and regulated her succession by means of an Australian will dated 15.12.2017 nominating her four (4) children as heirs: Mary Cassar, Diana Cassar, Sammy Cassar and Anne Pantalleresco;

9. Whereas Mary Cassar, one of Paula Cassar's children and a childless spinster, died on 3.6.2020 prior to her mother's death and consequently her share devolved upon her siblings;

10. Paula Cassar's declaration transfer causa mortis as well as that of her deceased daughter Mary Cassar were not published and will be published together with the deed of sale;

11. Whereas Francesco Attard, son of Saviour and Anna married Attard, a childless bachelor died testate on 3.7.2009, by virtue of will dated 20.3.2008 held in acts of Notary Dr Christian Zammit, by means of which he left his siblings: Carmen Vella, Victoria Bajada, Pawla Cassar, Emanuel Attard, Gariella Micallef and his nephew Peter Attard the son of his brother Joseph Attard and his other nephews Sam, Joe and Darren brothers Attard, sons of his brother John Attard as heirs;

12. Francesco Attard's declaration transfer causa mortis was published on 3.10.2011 in the acts of Notary Dr Christian Zammit;

13. Whereas Victoria Bajada, daughter of Saviour and Anna spouses Attard, died testate on 5.9.2019 in Australia by virtue of a will dated 3.3.1995 nominating her husband Emanuel Bajada as her heir;

14. Victoria Bajada's declaration transfer causa mortis was published on 10.12.2021 in the acts of Notary Dr. Josette Spiteri Cauchi;

15. Whereas Giovanni Attard, son of Saviour and Anna spouses Attard, died intestate on 1.6.1996 and so his inheritance devolved upon his issue Sammy, Joseph and Darren;

16. Giovanni Attard's declaration transfer causa mortis is to be published together with the deed of sale;

17. Whereas Emanuel Attard, son of Saviour and Anna spouses Attard, died intestate on 10.8.2019 with the result that his estate devolved half of his undivided share upon his widow Anne Marie Attard and the other undivided share upon his two children: Maria and Mandy Attard;

18. Emmanuel Attard's declaration transfer causa mortis was published on 14.7.2020 in the acts of Notary Dr Joanne Cauchi;

19. Whereas Joseph Attard died intestate on 9.11.1968 in the UK as resulted from searches carried out in the Maltese islands. So the presumed heir is Peter Attard as declared in the will of his late uncle, Francesco Attard;

20. Whereas the present applicants are bereft of any information of the whereabouts of Joseph Attard's son Peter Attard and they possess of no information whether the said Joseph Attard had any other offsprings;

21. Whereas the parties, as shown in the attached family tree and marked as Doc. AF2, are heirs to their respective shares;

22. Whereas the parties' shares are all listed in the attached document and marked as Doc. AF3;

23. Whereas this property has been held in common among the parties for more than three (3) years following the death of Saviour and Anne spouses Attard and that the applicants enjoy more than half of the majority of the shares held in common;

24. Whereas no one of the owners has ever lodged any judicial act before any court or tribunal for the division of the property;

25. Whereas no heir enjoys any usufruct upon the property that can suspend these procedures in whatever manner;

26. Whereas the co-proprietors failed to reach an agreement for the sale of the property because they have neither any contacts nor knowledge of the residential address of  Peter Attard from whom they could obtain his consent;

27. Whereas the applicants entered into a promise of sale with Dr. Aaron Mosè Attard Hili to sell the said property dated 31.8.2021 for the sum of two hundred and eighty thousand euro (€280,000), which promise of sale stipulates that the final deed should be published by end of 30.6.2022 subject to the stipulated conditions a copy of which is being attached and marked as Doc. AF4;

28. Whereas the promise of sale has been registered with the Commissioner of Inland Revenue number PS202130310 and this according to the attached note and marked as Doc. AF5;

29. Whereas according to the technical report by the Architect Andrea Bigeni the value of the property is of two hundred and eighty thousand euro (€280,000) which is the same price value as declared in the promise of sale as shown in the attached copy and marked as Doc. AF6;

30. Whereas the sale of the property is beneficial to each and every co-proprietor of the property and no prejudice will be created to them by the sale of it;

31. Whereas the applicants have no contact whatsoever with Peter Attard, as declared on oath in the application as presented together with these documents, and so Peter Attard's consent is lacking for this sale, the applicants are lodging this application according to Article 495A of Chapter 16 of the Laws of Malta.

Therefore, applicants humbly request this Honourable Court, that in view of all the necessary declarations and after that the opportune dispositions have been given, this Honourable Court, for the mentioned reasons, is pleased:

1. To declare that the Court is satisfied that the co-proprietor will not be prejudiced with this sale;

2. Authorise the sale of the same property numbered one hundred and thirty-eight (138), located in an alley without name and without number, which abuts onto Triq Bullara, Xagħra, Gozo, overlying on third party property, with  its annexed garden enjoying a prospect over property of third party with its rights and appurtenances free and unencumbered and in terms of article 495A of Chapter 16, according to the will of the majority of the co-proprietors for the total sum of two hundred and eighty thousand euro (€280,000);

3. Appoint deputy curators to appear on the deed of sale for and on behalf of those who fail to appear on the deed in front of the Notary Public and to order that the respective shares due will have their tax deducted, all expenses incurred including those due to the Deputy Curators and any Death and Donation Duty Tax that is necessary to be published prior to the deed of sale together with their shares from expenses related to the Energy Performing Certificate and of any pending energy and water bills that are still due on the property, will be at the responsibility of the vendors;

4. To provide any order or directions which the Court may deem fit and opportune.

All expenses to be borne by defendants.

The application is appointed for hearing for Friday, 15th of July, 2022, at 8.00 a.m.

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals

By a decree given on the 17th of May, 2022, 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 12th of April, 2022, by UISL Limited, Application number 21/22 in the names UISL Limited (C48102) vs Matthew Attard being asked that the Court orders the sale by auction of the:

The apartment internally marked number two (2) in Block C, Forth Mansions, which apartment situated on the first floor and known as apartment two (2) in Forth Mansions in Block C, Ta' Xbiex Sea Front, Ta' Xbiex, as also for a purchase contract of a garage and ie lock up of two (2) cars previously known as two car parking spaces internally marked unofficial number eleven (11) and twelve (12) situated on the first floor of the first floor Garage Complex which forms part of the development as described in the agreement dated twenty eight of January of the year twenty two (28/1/2022).

The said tenement is the property of Matthew Attard (ID 415476M).

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By decree of 11th April, 2022, 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).

By a note filed in the Civil Court, First Hall, on 30th March, 2022, by Joseph Camilleri (ID 237786M) and Bernice Camilleri (ID 0440385M) they are asking to enter as another execution creditor in the acts of the judicial sale number 43/21 in the names Chester Holdings Limited (C74545) vs Alexander Mercieca (ID 85363M) in the sum of eighty thousand euro (€80,000) capital with costs and further interests and expenses according to a constitution of debt agreement dated 8th October, 2021, in the records of Notary Dr Tania Farrugia and an official letter dated 11th March 2022 in the names of Joseph Camilleri et vs Alessandro Mercieca.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 15th June, 2022, on the application of Debono Ignatius (ID 300540M) et and by request of Galea Josephine (ID 820348M) et, Thursday, 17th November, 2022, at noon (12.00 p.m.), has been fixed for the sale by auction, to be held in Room Number 78, Level -1, Nearby the Courts Archives, Triq ir-Repubblika, Valletta, of the following property:

The tenement number six (6) in Triq il-Kbira, Alley number one (1), Ħaż Żebbuġ, Malta, with the participation of extraneus bidders, as per valuation by the architect and civil enginéer Joe Grech, offers starting from seventy five thousand euro (€75,000).

The said tenement is the property of Carmelo sive Carl Debono (ID 582676M), Mark Anthony Debono (ID 24390M), Joseph Debono (ID 8643M), Giovanna Debono (ID 579544M), Charles (Carmel) Debono (ID 473075M), Evan Debono (ID 160279M), Ignatius Debono (ID 300540M), Josephine Galea (ID 820348M), Andre Josef Galea (ID 405275M), Renzo Mariano Galea (ID 489576M), Carmel Galea (ID 1015046M), Josephine Galea (ID 146751M), Monica Muscat (ID 1075948M), Carmelina Bonavia (ID 583750M), Dr Joseph sive Beppe Zammit holder of British passport number 500267345.

N.B. The said tenement will be sold as described in the judgement given by Hon. Dr Joanne Vella Cuschieri on the 22nd October, 2020, in application number 506/16 and in the acts of the Judicial Sale number 42/21.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By a decree given on the 16th of May, 2022, 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):

By decree given by the Civil Court First Hall, on 13th May, 2022 after the application of Dalco SPB Limited (C89538) et, Thursday, 6th October, 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:

Hotel named Paloma Residence, formerly known as the unnumbered Sabina Holiday Complex and built on portion of land numbered as plot 79 u 80, in the area known as Tat-Torba l-Bajda in Triq il-Ġifen in Buġibba and including the overlying airspace, excluding the unnumbered shop and named La Bodega situated in the same locality, valued at two million euro (€2,000,000).

and

Block of buildings consisting of two garages at ground floor level and unnumbered block of overlying appartments together with its airspace and subterrain, which property is situated in f'San Pawl il-Baħar, in the area known as Buġibba, in Triq il-Ġifen and named 'Blue Angel Holiday Complex' valued at eight hundred thousand euro (€800,000).

The said tenement is the property of DHM Properties Investments Limited (C29997).

N.B. The said tenement will be sold as described in the acts of judicial sales number 20/2018.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By decree of 11th April, 2022, 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).

By a note filed in the Civil Court, First Hall on 1st April, 2022, by Joseph Camilleri (ID 237786M) and Bernice Camilleri (ID 0440385M) they are asking to enter as another execution creditor in the acts of the judicial sale number 46/21 in the names Ivan Ghio et vs Alexander sive Alex Mercieca (ID 85363M) in the sum of eighty thousand euro (€80,000) capital with costs and further interests and expenses according to a constitution of debt agreement dated 8th October, 2021, in the records of Notary Dr Tania Farrugia and an official letter dated 11th March, 2022, in the names of Joseph Camilleri et vs Alessandro Mercieca.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By a decree of the 8th of March, 2022, 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 Bank of Valletta plc (C2833) on the 30th of September, 2021, is asking for the withdrawal of the amount of €12,731.51 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 (ID218594M). The Court ordered the notification of this application to the interested parties with four days to file a reply.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By a decree of the 21st of March, 2022, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to articles 187 (3) and 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12)

That by application and a Schedule of set-off filed contemporaneously by Bank of Valletta plc (C2833) on the 13th of September, 2021, the approval of the said judicial acts is being demanded for the amount of €147,000 following judicial sale by auction 28/15 in the names Bank of Valletta plc (C2833) vs Issa Isslam Tawfik (ID 20380A) held under the authority of the said Court on the 7th September, 2021.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 14th February, 2022, the publication of the following extract was ordered for the purpose of service on the respondent Cristian Na Jeni Dorobantu in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 8th February 2022, whereby they asked the Tribunal to condemn Dorobantu Cristian Ne Jeni (ID 212194A) of 40, Robsons Court, Flat 4, Triq Ponsonby, Mosta, to pay the plaintiff company the sum of €3428.34 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 43/2022LC) is deferred on the 4th July, 2022, at 1.00p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree of the Constitutional Court on 30th April, 2022, in the records of the Constitutional Application 114/2020 RGM in the names Roger Degaetano (ID 374660M), Johanna wife of Alfred Pace (ID 121555M), Edward De Gaetano (ID 3444457M), Cynthia widow of Lawrence Zammit (ID 361929M) and by decree of 8 February 2021, following the death of Cynthia Zammit in the course of the proceedings the case was transferred onto the name of Peter Zammit (ID 866652M) and Helen sive Pamela Rossignaud (ID 331055M), Alfreda wife Olaf Gollcher (ID 197438M), Carmel sive Lino Delia (ID 802333M), Olivia widow of Harold Bartoli, formerly widow of George Delia (ID 354944M), Stephen Delia (ID 269971M), Christian Delia (ID 337568M) vs State Attorney and Matthew Micallef (ID 686062M) the following publication was ordered pursuant to Section 187 (3) et sequitur of Cap. 12 of the Laws of Malta.

By means of a Reply to an Appeal and Cross Appeal of Roger De Gaetano (ID 374660M) et the exponents respectfully stated that the judgment of the First Hall of the Civil Court (Constitutional Jurisdiction) decided on 30/11/2021 is just and deserves confirmation as regards the first, second, third, fourth claims of the applicant, and it should be reformed in terms of liquidation of the damages suffered by them in accordance with was decided by the European Court of Fundamental Human Rights in the names Cauchi vs Malta on 30th March, 2021.

Whereas the appeal filed by the State Advocate is frivolous and vexatious. The State Advocate claims that the appealed respondents should receive compensation or pecuniary damages from the time they became owners of the premises, and not from when their grandfrather or their father could not enjoy freely their premises despite the contractual provisions agreed to in 1972 and abusively replaced in 1979 by Act XXIII of 1979. This is absolutely assumed and the compensation that the heirs of Alfred Delia should receive goes back to the 1st December, 1992, and not as claimed by the State Advocate himself, as has long been so interpreted by these Courts.

Cross-appeal

Whereas in the present case, the report of the Technical Architect Caruana Galea showed that the applicant has been suffering considerable pecuniary losses over the years.

… omissis …

Whereas the applicants feel that since they have made a loss of €172,586c, according to the principle of restitutio in integrum she is entitled to receive the same amount that she made as losses, which amount, if reduced by this Honourable Court, in the present case, it should not be less than €90,987.34c, in order to match the amount of damages awarded in other similar cases, all the more so when these Courts have recently increased the quantum of compensation being awarded in such cases, in order to get closer to what the European Court has long insisted on to be liquidated.

… omissis …

Whereas this compensation should be paid in addition to moral damages with this compensation being paid by the State Advocate plus interest at the rate of 8% per annum from the date of filing of the present case, until the date of effective payment.

… omissis …

Therefore this Honourable Court should not heed the usual argument made by the respondent State Attorney in such cases where it is stated that a delay on the part of the applicant to proceed with these proceedings should lead to a reduction in compensation, for the reasons listed in the judgment referred to above.

Therefore, the appealed parties, while referring to all the evidence produced before the First Court, and while reserving the production of all such evidence permitted to them by law, are requesting this Honourable Constitutional Court to reform the judgment delivered by the First Hall of the Civil Court (Constitutional Jurisdiction) upholding it in so far as it declared that the appellants had suffered a violation of their fundamental rights as enshrined in Article 1 of the First Protocol of the European Convention, to confirm it where it upheld the applicants' other claims and to reform it where the damage suffered by the appellants was only pecuniary and non-pecuniary damage amounting to €56,200, and uphold the claims for liquidation of pecuniary and non-pecuniary damage suffered by the applicants, in the amount of not less than €90,987.34c, in addition to €10,000 in moral damages, globally amounting to €100,987.34c in addition to legal interests.

With costs of both instances against the defendants.

NOTIFICATION: Matthew Micallef (ID 686062M) 46, Triq in-Nutar Zarb, Ħ'Attard

11, Triq in-Nutar Zarb, Ħ'Attard

Dr Franco Bondin LLD, M.Jur.

For the Registrar, Civil Courts and Tribunals

By a decree of the 8th of March, 2022, 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 Organization and Civil Procedure (Cap. 12)

That by an application filed by Bank of Valletta plc (C2833) on the 30th of September, 2021, is asking for the withdrawal of the amount of €12,731.51 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 four days to file a reply.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 22nd June, 2022, on the application of Bank of Valletta plc (C2833), Thursday, 27th October, 2022, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Level -1, Nearby the Courts Archives, Triq ir-Repubblika, Valletta, of the following property:

Restaurant on groundfloor level, with an underground level with parts under the groundfloor level and the front garden named Cote d'Azur Restaurant in Triq tal-Buttar, corner with Triq Sant Antnin Marsascala, excluding its airspace and underlying third party residential apartments built on plots numbered two hundred and eleven (211), two hundred and twelve (212) and two hundred and thirteen (213), forming parts on the land known as 'Il-Barumbara' sive 'Il-Maghluq', bounded on the north by Triq Sant'Antnin, on the east by a new unnamed road and on the west by property of Barumbara Limited or its successors in title, or other correct boundaries, with all its rights and appurtenances, as better described in the contract of acquisition of tenth September, nineteen ninety two (10.9.1992) in the acts of Notary Dr Joseph Tabone and is valued at one million and eight hundred thousand euro (€1,800,000).

The said tenement is the property of Geomike Limited (C8820).

N.B. The said tenement will be sold as described in the acts of judicial sales number 17/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By a decree given on the 27th April, 2022, 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 22nd January, 2021, by Bank of Malta plc (C2833) application number 2/21 in the names Bank of Valletta plc (C2833) vs Joshua Cachia being asked that the Court orders the sale by auction of the:

The tenement numbered thirty-nine (39) in Triq San Martin, Żurrieq, free and unencumbered, built on a portion of land of approximately two hundred square meters (200mk²), with all its rights and appurtenances, bounded on the north with the said street, east by property of Joseph Cachia or his successors in title and west by property of spouses Cachia or their successors in title.

The land of the said tenement was acquired from Joshua Cachia by means of a contract dated fourteenth of March of the year two thousand and two (14/03/2002) in the acts of Notary Mario Bugeja.

The said tenement is the property of Joshua Cachia (ID 519880M)

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 7th March, 2022, of the Rent Regulation Board, in the records of the Application in the names Edwin Ebejer et vs Maria-Dolores Borg, Application number 1031/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Maria-Dolores Borg 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 Edwin Ebejer (ID 377253M), Peter Ebejer (ID 132555M), Doris Camilleri (ID 197252M), Duncan Cachia (ID 393785M) and Andrew Cachia (ID 181093M) vs Maria-Dolores Borg (ID 36737M) filed in the Rent Regulation Board, on the 16th December, 2021, the applicant Edwin Ebejer (ID 377253M) et requested this Honourable Board why it should not:

1. Declare and decide that the respondent Maria-Dolores Borg is the lessee of the premises 5, Triq Emanuel Benjamin Vella, Birkirkara, and this before the year 1995;

2. Order that the means test of the respondent be carried out as set out in the Rules of the Continuation Tenancies (Means Testing Criteria) issued under Article 1622A of the Civil Code and any regulations that replace them;

3. Declare and decide that in terms of Act XXIV of 2021, the rent shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value of the premises that is 5, Triq Emanuel Benjamin Vella, Birkirkara, with effect from the 1st January, 2021, and to establish new conditions regarding the lease;

4. Order that if the respondent does not satisfy the criteria of the income and capital of the means test, the eviction of the same respondent from the premises in question within two years, besides to pay the compensation to the applicants for the occupation of the premises during the said period amounting to twice the rent which would have been payable under Article 12 and 12A of Cap. 158 of the Laws of Malta, and this in accordance with the rent which was to be vigilant in terms of Act X of 2009 which is no longer considered less than the annual rent due on the 1st January, 2022, when the same rent should rise over the previous three years.

With costs and against the respondent who are from now summoned so that a reference to her oath be made and without prejudice to the applicant's constitutional and conventional rights and to any claim for pecuniary and non-pecuniary damages and other claims and any other action that may eventually be filed.

Notification Respondent: 5, Marthese, Triq Emanuel Benjamin Vella, Birkirkara

Housing Authority

The application in the names Edwin Ebejer et vs Maria-Dolores Borg, Application number 1031/2021NB, has been postponed for hearing to the 1st July, 2022, at 10.40 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals