Court Notices published in Govt. Gazette No. 20,936 of 7th October 2022

Notice, Registry of the Civil Court, First Hall

Whereas Carmelo Zammit (ID 277943M) filed an application under oath (number 857/2022JVC) demanding the correction of the Act of Public Registry number 2779/1943 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

Karen Falzon

For Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Francis Zammit (ID 848244M) filed an application under oath (number 856/2022JVC) demanding the correction of the Act of Public Registry number 8482/1944 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

Karen Falzon

For Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Dr Kevin Dingli noe filed an application under oath (number 849/22 JVC) demanding the correction of the Act of Public Registry of Haya Al Brahim number 5993/16 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

Karen Falzon

For Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Dr Kevin Dingli noe filed an application under oath (number 848/22 JVC) demanding the correction of the Act of Public Registry of Khaled Al Brahim number 5991/16 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

Karen Falzon

For Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Chamber, on 31st May, 2022, in the acts of Sworn Claim number 263/2022RGM, which was presented on 23rd March, 2022, in the names Borthnik Igor noe 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 together and jointly between them to pay the claimant the said sum of one hundred and fifteen thousand, four hundred and twenty seven euro and thirty-six cents (€115,427.36c). With all costs and legal interest until the date of effective payment against the respondents who from now are summoned so that a reference to their evidence be made.

The Sworn Appeal in the names mentioned above is postponed to 15th November, 2022, at 9.30 a.m.

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

Register of the Superior Courts, today, 3rd October 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 8 July 2022, in the acts of Sworn Claim number 411/2022MH, which was presented on 19th May, 2022, in the names HSBC Bank Malta plc vs Teodorov Mihaylov Milen, 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: Condemns the same defendant to pay to the plaintiff Bank the said sum of one hundred and thirty-seven thousand, one hundred and thirty-two euro and twenty-five cents (€137,132.25c), with the further interest of eight percent (8%) from 18th May, 2022, until the effective payment date. With the costs including that of the official letter and the garnishee order against the defendant who is from now summoned so that a reference to his evidence be made.

The Sworn Appeal in the names mentioned above is postponed 26th October, 2022, at 9.00 a.m.

Notification Respondent: Teodorov Mihaylov Milen, 110, Airway House, Suite 4, Triq it-Torri, Msida

Register of the Superior Courts, today, 3rd October, 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 Hall, on the 13th September, 2022, on the application of Gatt Keith (ID 440278M) carrying on trade under the name of KS Transporters and Auto Dealer, Wednesday, 26th October, 2022, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction, to be held in garage underneath the block without number and named 'Veduta Hills', Block B, in Triq Anton M. Caruana, Baħar iċ-Ċagħaq, of the following items seized from the property of Dudas Adrian (ID 145622A):

Vehicle of the make Nissan Qashqai, black in colour, with registration number CCJ 508.

N.B. The vehicle will be sold as described in the acts of Judicial Sale file number 7/22.

Gaetana Aquilina

For the Registrar of Civil Courts and Tribunals

By a decree given on the 17th 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 decree given by the Civil Court First Hall on 25th April 2022 on the application of UISL Limited (C48102), Thursday, 13th 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, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The apartment internally marked number two (2) in block C, Forth Mansions, which apartment is situated on the first floor of the block facing on ix-Xatt ta' Xbiex , Ta' Xbiex Seafront Ta' Xbiex;

and

Two car parking spaces internally marked unofficial number eleven (11) and twelve (12) with access from the same front façade of the apartment where from a garage door one goes up to the first floor through a ramp.

The apartment and the parking spaces together valued at eight hundred thousand euro (€800,000).

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

N.B. The said tenements will be sold as described in the acts of judicial sales number 21/2022.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Chamber, on 7th July, 2022, in the acts of the Warrarnt of Prohibitory Injuction 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 Warrant of Prohibitory Injunction in the names mentioned above is postponed to 17th October, 2022, at 9.30 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 6th October, 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 Hall on the 4th October, 2022, on the application of Bank of Valletta plc (C2833), Tuesday, 15th November, 2022, at noon (12.00 p.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The garage without name known by official number one hundred and fifty five (155), Xgħajra Beach, in Xgħajra, limits of Ħaż-Żabbar, on basement level, accessible by a ramp, underlying the maisonette and two flats with who the garage has in common the drains and drainage system, and is subject to the servitude of a window belonging to overlying third party property, free and unencumbered, with all its rights and appurtenances, and is valued at eighty five thousand euro (€85,000).

The said tenement is the property of Vella Mark (ID 330165M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 57/2016.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

ARB/C069/2022 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 4th October, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Josette Demicoli, LLD). Compilation Number 583/2022, in the case:

The Police

(Inspector Mark Anthony Mercieca)

Versus

JOSEF ZAMMIT, 30 years, son of the late Josephine Tyler née Zammit, born in Tal-Pietà, Malta, on the 5th January, 1992, and residing at 7, Qalb ta' Ġesù, Triq il-Btieti, Marsaskala, and holder of Maltese identity card bearing number 50492M.

AND

MARIO BRIGNONE, 67 years, son of the late Joseph Brignone and the late Clementa née Abela, born in Bormla, Malta, on the 15th January, 1955, and residing at 4, Triq San Mikiel, Sqaq Nru 2, Bormla and holder of Maltese identity card bearing number 113255M.

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

The Court AUTHORISED the said accused JOSEF ZAMMIT and MARIO BRIGNONE to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account this money is taken or the accused himself may indicate to the Court from which account he is perceiving the money indicated.

Any person who acts in contravention of the court order as mentioned in Article 22A, Article 23A, Article 5 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 (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 decree given by the Civil Court, First Chamber, on 31st June, 2022, in the acts of Sworn Claim number 407/2022GM, which was presented on 18th May, 2022, in the names Bank of Valletta plc vs Stellini Simon, 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 Simon Stellini to pay the plaintiff society the sum of forty-two thousand, three hundred and eighty-one euro and thirty-four cents (€42,381.34c), together with further interest from 7th April, 2022, until the date of actual payment. With all the costs against the defendant who is now summoned so that a reference to his evidence be made.

The Sworn Appeal in the names mentioned above is postponed to 18th October, 2022, at 9.40 a.m.

Notification Respondent: Stellini Simon, 143, Flat 2, Triq ir-Rebħa, Gżira

Register of the Superior Courts, today, 5th October, 2022

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

For the Registrar, Civil Courts and Tribunals

Notice  Registry of the Civil Court, First Hall

Whereas Lynne Abela (ID 34896M) filed an application (number 889/2022JVC) demanding the correction of the Act of Public Registry number 348/1996 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

Karen Falzon

For Registrar, Civil Courts and Tribunals

By decree given by the Court of Appeal on 26th April, 2022, in the proceedings of Appeal Application number 613/02 in the names Ian Fenech (ID 318666M) vs Farr Limited and by decree of 22nd May, 2018, the company MTA Properties Limited assumed the acts of the case instead of Farr Limited and the Archbishop's Curia of Malta and the Government of Malta, wherein it ordered the following publication in terms of section 187(3) et sequitur of the Cap. 12 of the Laws of Malta.

By means of an Appeal Application by plaintiff Ian Fenech (ID 318666M) wherein he claims that by means of a sentence delivered by the Court of Appeal dated 11th November, 2011, the judgment of the First Hall which was delivered on the 29th of October, 2008, was annulled and the records of the acts were referred back to the First Hall so that a fair and reasonable exercise be done for the solution of this dispute through the appointment of a referee and that in virtue of a sentence given by the First Hall dated 6th June, 2017, the First Honourable Court decided, inter alia, this case by rejecting the plaintiff's claims and upheld the plea raised by the defendant company Farr Limited as it turned out to have a valid title on a portion of developable land known as plot number 9 forming part of a block of land known as 'Tal-Ħarrub' as described in more detail in the records whilst rejecting the rest of all the pleas of the other defendants.

The exponent felt aggrieved by the aforementioned judgment and filed this appeal on fifteen grounds duly listed and explained in this appeal.

Therefore, the exponent plaintiff-appellant whilst making reference to all the records of the case and reserving the right to make observations and provide evidence if néed be, he respectfully requests that the Honourable Court decides this appeal by declaring that the judgment delivered by the First Hall of the Civil Court dated 6th June, 2017, in the case in the names abovementioned is annulled and completely revoked by dismissing the plea raised by the defendant Farr Ltd where it was declared that it had a valid title on the contested land mentioned and consequently upholding the plaintiff's claims in toto as requested in his original application. With the costs of all the instances against the respondents or whoever as this Honourable Court of Appeal decides.

Appeal number 613/2002 in the names Ian Fenech (ID 318666M) vs Farr Limited and by decree of 22nd May, 2018, the company MTA Properties Limited assumed the acts of the Farr Limited case and The Archbishop's Curia of Malta and the Government of Malta was deferred to the twenty-fifth (25) of October, 2022, at 9.00 a.m.

Notification: i) MTA Properties Ltd, 204, Flat 2, Triq it-Torri, Tas-Sliema

ii) Farr Limited, 37, St Francis Street, Cospicua

Dr Franco Bondin, LLD, M. Jur

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on 21st July, 2022, in the records of Application number 26/2022 in the names Maria Dolores sive Doris Meli vs Peter Gatt, the following publication was ordered to serve as a notification of the said Peter Gatt in terms of section 187(3) et sequitur of the Cap. 12 of the laws of Malta.

Whereas by means of an application filed on 27th June, 2022, in the Court of Appeal, the applicant stated that she married the respondent Peter Gatt in the parish church of San Sebastian, Ħal Qormi, on 28th June, 1994, and their marriage is registered in the Public Registry of Malta bearing number 1096/1994.

Whereas, subsequently, relative annulment procedures were filed before the Metropolitan Tribunal of Malta, which led to a judgment declaring the nullitatis matrimonii of the said marriage, delivered by the same Metropolitan Tribunal of Malta by judgment bearing Prot. Number 17.020 on 29th August, 2018. Whereas the Decree of Executability was also given in accordance with the law on 20th May, 2018, relative to this through which the enforceability of the sentence was confirmed and certified the nullity of the said marriage in terms of Canons 1679 of the Code of Canon Law.

Therefore, the exponent humbly requests with respect that this Honourable Court, in terms of sections 23, 24 26A and all the relative sections of the Marriage Act (Cap. 255 of the Laws of Malta), recognises the aforementioned decision of the Metropolitan Tribunal of Malta and orders the Director of the Public Registry to register the same decision and this for all the purposes and effects of law, and that given the confidential nature of the judgment and the decree, orders that the same mentioned documents be sealed under the care of the Registrar and that they are not accessible to the public.

Notification: Peter Gatt, Creek Mansions, Flat 2, Triq Antonio Nani, Ta' Xbiex

Dr F. Bondin, LLD, M. Jur

For the Registrar, Civil Courts and Tribunals