Court Notices published in Govt. Gazette No. 20,976 of 16th December 2022

By decree given by the Court of Appeal (Superior Jurisdiction) on 11th October, 2022, in the records of Appeal Application No. 21/2017 in the names HSBC Bank Malta plc vs HDE International Limited (C56555) and the spouses Joseph (ID no. 975850M) and Mariella Gatt (ID no. 291861M) for any interest they may have ordered the following publication in regard to Mariella Gatt (ID no. 291861M) pursuant to section 187 (3) et sequitur of Chapter 12 of the Laws of Malta.

Whereas by means of an appeal by HDE International Limited (C56555) the appellant felt aggrieved by the judgment of 14 July 2022 of the First Hall of the Civil Court which decided this case inter alia by rejecting all the appellant's pleas, upholding the claims by the plaintiff bank, and ordering the judicial sale of the immovable i.e that property described as a semidetached villa together with the underlying garage inside Triq Ġdida in De Paule Avenue, Attard and built on land known as belonging to Arkata, which land is also mortgaged in favour of the plaintiff Bank so that the plaintiff Bank can from the proceeds be paid the debt owed to it which burdens the said immovable.

The exponent appellant company felt aggrieved by this decision, and it is interposing this humble appeal against it with the clear and manifest grounds of appeal consisting in (A) the First Court failed to consider the second plea of the appellant company i.e. that the respondent bank participated in the bankruptcy procedures and consequently it was precluded from proposing this action (B) the First Court did not correctly consider the declaration of the respondent bank that it had no claims related to the property merits of this case and finally (C) the First Court also erred when, in relation to the exponent's counterclaim, it did not liquidate a larger amount due to the responsibility of the bank that handled the mortgage action when it had declared that its credit no longer existed.

Therefore, for these reasons and all those that result during the oral pleadings in this appeal, the exponent, respectfully requests that this Honourable Court varies the appealed judgment in the mentioned names delivered by the First Hall of the Civil Court on July 14th, 2022 and revoke and annul it in so far as it rejected all the pleas of the exponent company, and instead upholds the same pleas in so far as they are compatible with the above grievances, and in relation to the counterclaim, it confirms it in so far as it was declared that the respondent bank is responsible for damages against the exponent company but reform it in relation to the reasons for which it was found responsible for the damages as explained, and also vary it in that it liquidated damages in the sum of €10,643 and instead it liquidates further damages in favour of the appellant exponent company with the costs of the two instances against the respondent bank.

Notification: Mariella Gatt, 177, Milton, Triq Fleur-de-Lys, Birkirkara.

Dr Franco Bondin, LLD, M.Jur.

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 20th October, 2022 on the application of Bank of Valletta p.l.c (C2833), Thursday, 19th January, 2023 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, Republic Street, Valletta of the following property.

The maisonette “Arjero", with number eighty six (86) on the first floor, overlying another maisonette, in Triq il-Qantar, Swieqi, limits of Saint Julianʼs, which maisonette forms part of a block of building consisting of two maisonettes and two underlying garages, built on the plot of land forming part of the lands “Ta' Misraħ Giuma", “Tal-Qormin" and “Tas-Swieqi", in the limits of Swieqi, limits of Saint Julianʼs previously marked as plot numer three (3), and bounded North with property of the company ACM Limited or their successors in title, South with third party property and West with Triq il-Qantar, free and unencumbered, with all its rights and appurtenances, excluding the airspace, subject to and enjoys from the servitudes resulting from its position, as described in the acts of Notary Fiona Zammit Armeni dated fifteenth March, two thousand and ten (15.03.2010) and valued at three hundred and seventy thousand euro (€370,000).

The said tenement is the property of Chetcuti Armand (ID 89289M)

N.B. The said tenement will be sold as described in the acts of judicial sales number 8/2022.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

ARB/C084/2022 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 2nd December, 2022 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Nadine Lia, LLD). Compilation Number 705/2022, in the case:

The Republic of Malta

Versus

JERICO SPITERI, works in IT, 39 years, son of Salvu and Giovanna née Ciappara, born in Pietà, Malta on the 29th April, 1983, and residing at Tarxien Temples, Blk E, P/H 13, Triq Dun Karm Sant, Ħal Tarxien, and holder of Maltese identity card bearing number 249783M.

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 JERICO SPITERI 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 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 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 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

ARB/C085/2022 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 9th December, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Victor G. Axiak, LLD). Compilation Number 723/2022, in the case:

The Police

(Inspector John Leigh Howard)

Versus

LAYDEN SPITERI, 24 years, son of Albert and Sonia née Tonna, born in Pietà, Malta, on the 20th October, 1998, and residing at 22, Mon Cheri, Triq Pawlu Cassar, Ħal Għaxaq, and holder of Maltese identity card bearing number 392798M.

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 LAYDEN SPITERI 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.

Any person who acts in contravention of the court order mentioned in 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

It is hereby notified that by virtue of a decree given on the 6th December 2022, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Pierre Joseph Spiteri of 'Dun Anton Court/ Blk D Fl 3', Triq il-Gajdoru, Xagħra, Gozo, in terms of section 187(3) of Chapter 12 of the Laws of Malta.

Brian Philip Paton (ID 44328A) in the name of and representing Condominium of 'Dun Anton Court' – which Condominium is duly registered with the number 226 with the Agenia of the Land Registry (Gozo), filed a claim in the Small Claims Tribunal (Gozo) – Case number 3/2022 in the names of “Brian Philip Paton vs Pierre Joseph Spiteri"– on the 1st of March 2022 wherein it requested the Tribunal to condemn the defendant Pierre Joseph Spiteri to pay the amount of €2,375, in connection with annual contributions of €100 for the year 2021 and 2022 along with the penalty of €25 from the 4th of December, 2021, for everyday the defendant did not pay the amount due, amounting to 87 days. The plaintiff tried to inform the defendant to pay the amount due in 15 days on the 3rd of November, 2021, after a judicial letter was presented.

With the costs of the present procedure and the interests from the date of the judicial letter till the date of the effective payment.

The hearing of this case is being deferred for the 10th Jannar, 2023, at 1.15 p.m.

Rebekah Mizzi

Deputy Registrar

It is hereby notified that by an application filed in the Court of Magistrates (Gozo), Voluntary Jurisdiction, on the 15th November, 2022 (Application number 130/2022 BS), Filomena Camenzuli and others requested the opening of the succession of:

Lawrence Camenzuli, husband of Filomena Camenzuli née Vella, son of the late Lewis Camenzuli and Salvina née Farrugia, born in Victoria, Gozo, on the seventeenth (17th) of August of the year one thousand nine hundred and sixty one (1961), holder of identity card number 36761G, who died on the seven (7th) of February of the year two thousand and twenty two (2022), as to one hald undivided part (1/2) in favour of his wife Filomena Camenzuli, and as to the quota of one sixth (1/6) undivided share each in favour of the children and namely Louis Camenzuli, Sally Ann Camenzuli and Denise Magrin – the issue of this ban was ordered to inform anyone who might have an interest therein.

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

Daniel Sacco

Deputy Registrar, for the Registrar, Gozo 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 9th December 2022, and upon an application numbered 1081/2022, ordered:

The Director of the Public Registry to make the necessary corrections and annotations in the Act of Birth bearing the number 554 of the year 1984 and in the Act of Marriage of Anthony Joseph Raymond Valetta bearing the number 1249 of the year 1997 so that in both acts, the name 'Anthony Joseph Raymond' is replaced wherever it appears with the name 'Anthony', and so that the surname 'Valetta' in the Act of Birth bearing the number 554 of the year 1984 is canceled and substituted with the correct surname 'Valletta'.

Court of Revision of Notarial Acts

ADV. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.), M. NOT. ST (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

By virtue of a decree dated the 20th October, 2022, delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, in the records of the judicial letter number 436/2022 in the names 'Tudor International Ltd versus Emanuel Mizzi et' it was ordered that the subjoined said letter be published for the purpose of service on the respondents in terms of article 187(3) of Cap. 12 of the Laws of Malta.

In the Court of Magistrates (Gozo), Superior Jurisdiction, General Section

Judicial letter number 436/2022

To: Emanuel Mizzi, Sapphire, Triq it-Tabib Anton Tabone, Rabat, Gozo

Maria Mizzi, Sapphire, Triq it-Tabib Anton Tabone, Rabat, Gozo

By this present Tudor International Ltd (C74337) of 75, Triq Annibale Preca, Ħal Lija, in its capacity as sole and exclusive owner of the property 10, Triq Qormi, Ħamrun, which has been acquired by deed in the records of Notary Doctor Eric Wadge of the 13th September, 2021, a copy of which has already been forwarded to you, once more calls on you to immediately give it access to your premises at number 14, Triq Qormi, Ħamrun, which underlie its roof, and this in order that in the presence of the architect of her trust it verifies the state of this highest roof underlying the roof, and to regulate itself regarding the néed for repairs, in the light of your communications with the previous owners of the senders, in particular the technical report dated 18th May, 2021, drawn up by architect Matthew Gauci as commissioned by you, a copy of which is attached herewith as 'Document A'.

The sender records that it has already asked you to give it access by means of two legal letters of 17th September, 2021, and 6th October, 2021 (Documents B and C herewith attached), but up to now you remained in default.

In the absence of an answer, and immediate access, the sender will be forced to request the intervention of the Executive Police by issuing the appropriate charges, and enforce its right of access, all at your expense.

Thus for your cognizance and for you to regulate yourselves, and with rigtht for every right and action competent to the senders against you.

With costs and interest

Advocate Phyllis Aquilina, 162, Triq l-Ifran, Valletta VLT 1455

Veronica Rossignaud, Legal Procurator/Commissioner for Oaths

Notification: Architect Matthew Gauci, Flatcube architects, 108, Triq Ħal Għajf, Naxxar NXR 1054

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals