Court Notices published in Govt. Gazette No. 20,929 of 23rd September 2022

By decree given by the Civil Court, First Chamber, on 21st June, 2022, in the acts of Sworn Claim number 344/2022NC, which was presented on 22nd April, 2022, in the names Falzon Joseph et vs Ta' Natu Ltd et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: It declares that the respondents are responsible for all damages suffered by the exponents due to the actions of the respondents, liquidates these damages, and orders the respondents to pay to the exponents those damages thus liquidated. With all costs against the respondents and interest where applicable. The respondents are from now summoned so that a reference to their evidence be made.

The Sworn Appeal in the names mentioned above is postponed to 18th October, 2022, at 9.45a.m.

Notification Respondent: Ta' Natu Ltd, Vella Joseph, Doris, Triq l-Oratorju, Naxxar

Register of the Superior Courts, today 22nd September, 2022

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Chamber, on 1st June, 2022, in the acts of the Sworn Appeal number 1188/21AJD, which was presented on 3rd December, 2021, in the names Brunetti Leonardo vs 099Lotto Holdings Ltd et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemn the respondents or any of them to refund and pay back the sum of thirty thousand euro (€30,000) already paid to them, with interest from the date of payment to the respondents of the same. With the costs and the interest chargeable according to the law against the respondents from now on summoned so that a reference to their evidence be made.

The Sworn Appeal in the names mentioned above is postponed to 22nd September, 2022, at 9.00 a.m.

Notification Respondent: 099Lotto Holdings Ltd and Martina Sofia Ahlquist Malmqvist, The Bastions, Office No. 2, Triq Emvin Cremona, Floriana

Register of the Superior Courts, today 19th September, 2022

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Chamber, on 12th July, 2022, in the acts of Sworn Application number 176/2022AJD, which was presented on 1st March, 2022, in the names Bonavia Neil vs Zenith Trading Ltd et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemn the respondents jointly between them and/or any of them to pay the claimant the said sum of twenty one thousand two hundred euro (€21,200). With all the costs and with the injunction of the respondents so that evidence to their reference be made.

The Sworn Application in the names mentioned above is postponed 23 September, 2022, at 11.30 a.m.

Notification Respondent: Zenith Trading Ltd, Matilda Court, 35/2, Triq Giuseppe Calì, Ta' Xbiex

Pangiluppi Luca and Khammaeva Ayna, White Mansions. Flat 101, Triq Għar id-Dud, Tas-Sliema

Register of the Superior Courts, today 22nd September, 2022

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

ARB/C065/2022 – SEEZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 16th September, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Ian Farrugia LLD). Compilation Number 533/2022, in the case:

The Police

(Inspector Alfredo Mangion)

Versus

ETIENNE FARRUGIA, driver, 45 years, son of Joseph and Maria Dolores née Cutajar, born in Tal-Pietà, Malta, on the 5th January, 1977, and residing at Dorjo, Triq Ewġenju Borg, Ħaż-Żebbuġ, and holder of Maltese identity card bearing number 84077M.

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 ETIENNE FARRUGIA and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by him, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta and Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

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

Director, Asset Recovery Bureau

ARB/C066/2022 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 12th June, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD). Compilation Number 374/2021, in the case:

The Republic of Malta

Versus

AMO FRANK KWAKU, construction worker, 26 years, son of Amo Kwaku and Ywaa, born in Ghana, on the 15th January, 1996, and residing at 74, Triq Azzopardi, Marsa, and holder of Italian identity card bearing number AX2606296.

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 AMO FRANK KWAKU and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by him, and this in terms of Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court 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 he is perceiving this money.

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

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

Director, Asset Recovery Bureau

By a decree of the Small Claims Tribunal of the 5th July, 2022, the publication with the European Procedure for Small Claims, of the following extract was ordered for the purpose of service on the respondent company Goldcar Malta in terms of Article 187 of the Code of Organisation and Civil Procedure (Cap. 12).

Neyrinck Norman (passport number 84.05.09-189.79) of Rue Monulphe 35/4, 4000 Liege, Belgium, filed a Claim on the 8th November, 2021, whereby he asked the Tribunal to condemn Goldcar Malta of Malta International Airport, Ħal Luqa LQA 4000, Malta, to pay the plaintiff the amount indicated in the notice, which amount is due to the plaintiff.

With costs and legal interest

The case (Claim number 14/2021JFS) is being heard before the Adjudicator Dr Juliana Scerri Ferrante.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Chamber, on 22nd June, 2022, in the acts of Sworn Claim number 168/2022MH, which was presented on 23rd February, 2022, in the names Muscat Benjamin vs Calleja Christopher, the following publication was ordered, pursuant to Article 187(3) et  sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: It condemns the respondent to pay the sum of nine thousand and nine hundred euro (€9,900) representing the actual loss suffered by the claimant with 8% interest. With costs and interest from November 12 until the date of effective payment.

The Sworn Appeal in the names mentioned above is postponed to 9th December, 2022, at 9.00 a.m.

Notification Respondent: Calleja Christopher, 2, Pjazza Joseph Briffa, Birkirkara

Register of the Superior Courts, today 22nd September, 2022

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By decree delivered by the Court of Appeal on 9th August, 2021, in the records of Appeal number 1806/1999 in the names Francis Buhagiar (ID 709147M) and Doris Buhagiar (ID 0677148M) spouses vs Ta' Natu Limited (C8167) ordered the following publication in terms of Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of Application for Retrial number 1806/1999 in the names Francis Buhagiar (ID 709147M) and Doris Buhagiar (ID 0677148M) spouses vs Ta' Natu Limited (C8167) the exponents filed an application for retrial of the judgment decided by this Honourable Court of Appeal, Civil Appeal number 1806/1999 decided on 17th March, 2021, in the names 'Francis and Doris Buhagiar vs Ta' Natu Limited (C8167)'.

Whereas the basis of the retrial is the wrong application of the law in the sense of section 811(e) of Cap. 12, for the purposes of section 816 of the Code of Civil Procedure, it is declared that the section that should have been applied is Article 732A of Cap. 12 of the Laws of Malta.

Therefore the exponents, while making reference to the records of the case, respectfully ask this Honourable Court to:

1. cancel, annul and revoke its sentence in Civil Appeal number 1806/1999 JPG decided by the Court of Appeal on 17th March, 2021, in the names 'Francis and Doris Buhagiar vs Ta' Natu Limited, (C8167)'; and

2. Consequently, order the retrial and rehearing of the Appeal.

With costs

Notification: Ta' Natu Ltd, 'Doris', Triq l-Oratorju, Naxxar

Dr Franco Bondin LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Chamber, Constitutional Seat, on 7th September, 2022, in the acts of Constitutional Appeal number 332/2022LM, which was presented on 23rd June, 2022, in the names Azzopardi Raymond noe vs Cauchi Anthony et, the following publication was ordered, pursuant to Article 187(3) et  sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemn the respondent State Attorney to pay the same compensation and liquidated damages under the terms of the law, with legal interest from the date of the filing of the current application until the date of effective payment With the costs and with the injunction of the respondents from now so that a reference to their evidence be made.

The Constitutional Appeal in the names mentioned above is adjourned to 5th October, 2022, at 9.00 a.m.

Notification Respondent: Cauchi Anthony, 82, Giovanni House, Triq John Borg, Birkirkara

Register of the Superior Courts, today 22nd September, 2022

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Chamber, on 9th August, 2022, in the acts Mandate of Inhibition number 1064/2022/1MCH, which was presented on 4th August, 2022, in the names Tua Richard and Tua Maria Victoria vs Zerafa Carlos and Zerafa Melanie the following publication was ordered, pursuant to Article 187(3) et  sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Accordingly, the exponents humbly ask this Honorable Court to order the issuance of an injunction in order to prevent him from continuing to do the said things.

The Mandate of Inhibition in the names mentioned above is postponed to 5th October, 2022, at 8.15 a.m.

Notification Respondent: Zerafa Carlos and Zerafa Melanie, St Paul's House, Palma Lane, Mġarr

Register of the Superior Courts, today 22nd September, 2022

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Chamber, on 7th July, 2022, in the acts Mandate of Inhibition number 884/2022MH, which was presented on 1st July, 2022, in the names St George's Park Co. Ltd vs Camilleri Joseph and Camilleri Doris the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Accordingly, the exponents humbly ask this Honorable Court to order the issuance of an injunction in order to prevent him from continuing to do the said things.

The Prohibitory Injunction in the names mentioned above is postponed to 30th September, 2022, at 9.00 a.m.

Notification Respondent: Camilleri Joseph and Camilleri Doris, 6, Verdala Block, St George's Park, Spinola, St Julian's

Register of the Superior Courts, today 22nd September, 2022

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals