Court Notices published in Government Gazette No. 21,301 of 16th August 2024

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 6th August, 2024, in the records of the Application number 688/10 in the names Advocate Dr Godfrey Gauci Maistre (ID 482740M) and his wife Joan, Joseph Gauci Maistre and his wife Petrina, Advocate Dr Paul Gauci Maistre and his wife Marceline et vs Josephine, widow of John Galea Naudi (ID194830M) et, the following publication was ordered for the purpose of service of Godfrey Gauci Maistre and his wife Joan Gauci Maistre and Joseph Gauci Maistre and his wife Petrina in terms of section 187 (3) et sequitur of Cap. 12.

By means of the Appeal Application number 688/10 filed on the 26th July, 2023, the appellants Leone Manuel and Marie Louise sive Marisa spouses Refalo felt aggrieved by the judgment of the First Hall Civil Court dated 28th June, 2023, in the names premised and this on the basis of five grounds of appeal namely: lack of factual proof and lack of proof by way of damages; the appellants should not pay damages; the judgment also lacks proper reasoning and thus the appellants are not bound to pay any costs.

Therefore, the appellants request the cancellation, revocation and annulment of the judgment of the 28th June, 2023, in the names premised and that it be referred back to the Court of First Instance to be decided according to law and, subordinately, if this Honourable Court of Appeal does not revoke it, reform the same judgment by revoking it where it upheld the second to seventh claim by plaintiffs and confirm it as to the rest with costs of both instances against the appellants.

NOTIFICATION: Godfrey Gauci Maistre u Joan Gauci Maistre, 114/2, Triq St Luċija, Valletta

Joseph Gauci Maistre u Petrina Gauci Maistre, Ta’ Bin Wistin, l-Għallis, Naxxar

DR FRANCO BONDIN, LLD, M. JUR.

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 4th July, 2024, in the records of Sworn Application number 209/2023GG, which was filed on the 1st March 2023, in the names: Ballut Blocks Services Limited vs Orascom Limited, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap. 12 for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: Condemn the defendant company to pay the applicant company the amount of sixty three thousand, five hundred and sixty three euro and eighty cents (€63,563.80c). With all costs and legal interest against the defendants who are summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 24th September, 2024, at 9.45 a.m.

Notify Respondent: Orascom Limited, 11/25, Vincenti Buildings, Triq id-Dejqa, Valletta

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

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 12th June, 2024, in the records of Sworn Application number 1374/2023MH, which was filed on the 5th December, 2023, in the names: Future Focus Limited vs Napier John, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap. 12 for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: Authorise the applicant so that, in the event that the preliminary agreement fails to carry out these works within a fixed time, the plaintiff carries out such works, at the expense of the defendant. With costs against the defendant.

The Sworn Application in the names mentioned above is postponed to 30th September, 2024, at 9.00 a.m.

Notify Respondent: Napier John, 43, Triq Annibale Preca,  Ħal Lija

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

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by virtue of a decree given on the 5th of August, 2024, issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the acts of the prohibitory injunction number 17/2024(SG) in names ‘Andreas Matthias Kauffmann versus Miroslav Pol et’, filed in the Registry of the said Court on the 26th of July, 2024, the publication of the extract reproduced below was ordered and this in order to serve as a notification in respect of the respondents, namely Miroslav Police and Daša Pol of Mitħna Court, Flat 15, Triq l-Indipendenza, Qala, Gozo, and this in terms of article 187(4) of the Cap. 12 of the Laws of Malta.

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

Warrant of Prohibitory Injunction number 17/2024

(Plaintiff) Andreas Matthias Kauffmann of 

Ir-Rummiena, Triq Wied Siekel, Fontana, Gozo, and holder of Maltese identity card number 424892A*

vs

(Respondent) Miroslav Pol, identity card nimber 77954A, and for any interest she may have Daša Pol, identity card number 207344A, both residing at Mitħna Court, Flat 15, Triq l-Indipendenza, Qala, Gozo.**

Application of Andreas Matthias Kauffmann of Ir-Rummiena, Triq Wied Siekel, Fontana, Gozo, and holder of Maltese identity card number 424892A,

Respectfully submits and confirms on oath:

That the applicant has an interest that his rights be secured;

That the applicant, in order to secure his rights, desires to restrain respondent from:

Sell, remove, transfer, or dispose of in any title for valuable consideration or in any manner pass the temporary or other enjoyment of the vehicles with registration numbers FDC127 & ECQ063 Addendum ***

That the applicant would be prejudiced if respondent is not so restrained;

Wherefore, the applicant respectfully requests that this Court orders the issue of a warrant of prohibitory injunction restraining him from the acts above-mentioned.

Addendum ***

That the plaintiff, Andreas Matthias Kauffmann of Ir-Rummiena, Wied Siekel Street, Fontana, Gozo, holder of identity card number 424892A, had purchased two vehicles, namely a Dacia Spring hatchback (currently registered with registration number FDC127), and a Talaria Sting moped (currently registered with registration number ECQ063).

Firstly, with regard to the vehicles with registration numbers FDC127 and ECQ063, which are registered in the name of the defendant Miroslav Pol, holder of identity card number 77954A, this was purely as a mandatory prestanome of the applicant. Therefore, the same Miroslav Pol is holding them purely as a mandatory prestanome of applicant. That the applicant had already given Miroslav several opportunities to regularise his position regarding the same vehicles. Despite this, he ignored every opportunity to do so.

That this was done by agreement between the plaintiff and the defendant. The reason was that at the time of the first registration of the same vehicles in Malta, the applicant was abroad for some time and was also in the process of obtaining a Maltese identity card number.

It is very evident that the appearance regarding the acquisition of the aforementioned vehicles is a classic case of a prestanome mandate, wherein the vehicles effectively belong to the applicant and were paid for with the applicant’s funds/deposit. The state of fact described above has not been formally recognised, despite being requested to do so. Therefore, it is in the interest of the applicant to seek the recognition and formalisation of this agreement, with the aim that these vehicles are formally considered and registered in the name of the applicant. This is so much the case, that the same vehicles are in the possession of the applicant. 

That the defendant Mirasolv is married to Daša Pol, therefore, the applicant is including Dasa Pol, as a co-participant in their community of acquests. Thus, she is being included for any interest that she may have. 

The applicant has requested the defendants on comply with his demands namely by virtue of a judicial letter number 276/2024.

That contextually, the applicant is also presenting a court case, a copy of which is hereby annexed.

That this Honourable Court is humbly requested to issue this warrant provisionally in accordance with Article 875(2) of Cap. 12 of the Laws of Malta.

Advocate Dr Jonathan Mintoff

Plaintiff: Andreas Matthias Kauffmann of Ir-Rummiena, Triq Wied Siekel, Fontana, Gozo, and holder of Maltese identity card number 424892A.*

Respondent: Miroslav Pol (ID 77954A and for any interest she may have Daša Pol (ID 207344A), both residing at Mitħna Court, Flat 15, Triq l-Indipendenza, Qala, Gozo.**

Execution:

Licensing and Testing Office, Ministry for Gozo and Planning, St Francis Square, Victoria, Gozo VCT 1335

Transport Malta,Triq Taħt Putirjal, Victoria, Gozo

The hearing of the application for the issuance of this prohibitory injunction is deferred for the notice of service on respondents to the 29th of August, 2024, at ten thirty in the morning (10.30 a.m.) in the building of the Court of Gozo, Misraħ il-Katidral, Victoria, Gozo.

MARGARET DE BATTISTA

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 20th June, 2024, in the records of Sworn Application number 508/2024AJD, which was filed on the 8th May, 2024, in the names: Citadel Insurance plc et vs Yacht Lift Malta Operations Limited, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap. 12 for the purpose of service of the respondent. The applicants asked this Honourable Court to, among others: Condemn the respondent company to pay the applicant company the sum of twenty six thousand, nine hundred fifty one euros and seventy three cents (€26,951.73c). With all costs and legal interest against the respondent company who is summoned so that a reference to its evidence be made.

The Sworn Application in the names mentioned above is postponed to 8th October, 2024, at 9.20 a.m.

Notify Respondent: Yacht Lift Malta Operations Limited, 129-130, Ta’ Xbiex Seafront, Ta’ Xbiex

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

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 3rd June, 2024, in the records of Sworn Application number 666/2023AB, which was filed on the 9th April, 2021, in the names: Lauri Victoria et vs Lauri David et the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap. 12 for the purpose of service of the respondents. The applicants asked this Honourable Court to, among others: Appoint deputy curators to represent the eventual defaulters on the acts of rescission. With costs against the respondents who are summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 3rd October, 2024, at 9.50 a.m.

Notify Respondents: Lauri David and Fashion Retailers Limited. Flat 9, Imperial Apartments, Triq Depiro, Tas-Sliema

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

For the Registrar, Civil Courts and Tribunals

ARB/C063/2024 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 9th August, 2024 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Kevan Azzopardi, LLD). Compilation Number 628/2024, in the case:

The Police

(Inspector Mark Anthony Mercieca)

(Inspector John Leigh Howard)

Versus

PEDRO DA COSTA MASI, self-employed, 29 years, son of Welington Da Costa Masi and Maiza Da Costa Masi, born in Cambe, Brazil, on the 23rd October, 1994, and residing at 136, Apartment 3, Triq in-Naħal, Mellieħa and holder of an Italian passport bearing number YB8502795. 

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 PEDRO DA COSTA MASI and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Article 22A and Article 23Areferred 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 (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. 

MR ANTON SEVASTA

Director, Asset Recovery Bureau

ARB/C039/2024 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 8th August, 2024 given by the Criminal Court (Hon. Madam Justice Dr Edwina Grima, LLD). 

The Republic of Malta

Versus

JOSEPH MUSCAT;

KONRAD MIZZI; 

KEITH SCHEMBRI;

CLARENCE JOHN CONGER-THOMPSON;

CHRISTOPHER SPITERI;

JONATHAN VELLA;

DAVID-JOSEPH MELI;

IVAN VASSALLO;

MARIO VICTOR GATT;

BRIAN BONDIN;

ADRIAN HILLMAN;

PIERRE SLADDEN;

BRIAN TONNA;

KARL CINI;

SCIACCA GRILL LIMITED; 

KASCO ENGINEERING COMPANY LIMITED;

FSV LIMITED; 

MTRACE PLC;

GATEWAY SOLUTIONS LIMITED;

TECHNOLINE LIMITED, incorporated with the name Medical Technology Services Ltd on the 15th November, 1978, with Maltese registration number C4250 and registered address at 51, Edgar Bernard Street, Gżira, Malta. 

EURYBATES LIMITED;

TAOMAC LIMITED; 

AND

NEXIA BT LIMITED; 

The Court AUTHORISES the execution of the payment indicated by the appointed administrator Dr Helga Buttigieg in her application dated 16th July, 2024 in favour of the accused TECHNOLINE LIMITED, which payment is to be deposited into the bank account registered in the name of the accused ending in -8718 held at the Bank of Valletta plc. Provided that the conditions mentioned in the decree dated 8th August, 2024, are adhered to by the appointed administrator.

This variation is being published in terms of Article 36 (5) of the Proceeds of Crime Act, Cap. 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 Rachel Montebello, LLD) on the 28th May, 2024, which was published in the Government Gazette on the 4th June, 2024, 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 Joseph Muscat, Konrad Mizzi, Keith Schembri, Clarence John Conger-Thompson, Christopher Spiteri, Jonathan Vella, David-Joseph Meli, Ivan Vassallo, Mario Victor Gatt, Brian Bondin, Adrian Hillman, Pierre Sladden, Brian Tonna, Karl Cini, Sciacca Grill Limited, Kasco Engineering Company Limited, FSV Limited, MTrace plc, Gateway Solutions Limited, TECHNOLINE LIMITED, Eurybates Limited, Taomac Limited, and Nexia BT Limited.

MR ANTON SEVASTA

Director, Asset Recovery Bureau

ARB/C057/2024 – VARIATION OF A SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 8th August, 2024 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD). Compilation Number 560/2024, in the case:

The Republic of Malta

Versus

JONATHAN MIZZI;

GRETA sive GRETA JOSEPHINE MIZZI; 

OTMAN ALI OTMAN ABDULKADER; 

AKAKUS INTERNATIONAL LTD; 

CONVEY SHIPPING & TRADING AGENCY LTD, incorporated 2nd December, 2015, with Maltese registration number C73341 and registered address at 48, Triq l-Imsaġar, Ħ’Attard, Malta.

DUNCAN MANGION;

CARMEL BUSUTTIL;

TIMOTHY GALEA;

JONATHAN THEUMA;

EDWARD MIFSUD;

AND

MARICA BUGEJA;

The Court APPOINTS Dr Peter Fenech as the administrator for the society CONVEY SHIPPING & TRADING AGENCY LTD and with immediate effect take over the management and ordinary administration of the mentioned company and all its business while taking the necessary measures for the better preservation of assets.

This variation is being published in terms of Article 36 (5) of the Proceeds of Crime Act, Cap. 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 Noel Bartolo, LLD) on the 10th July, 2024, which was published in the Government Gazette on the 19th July, 2024, 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 Jonathan Mizzi, Greta Sive Greta Josephine Mizzi, Otman Ali Otman Abdulkader, Akakus International Ltd, CONVEY SHIPPING & TRADING AGENCY LTD, Duncan Mangion, Carmel Busuttil, Timothy Galea, Jonathan Theuma, Edward Mifsud, and Marica Bugeja.

MR ANTON SEVASTA

Director, Asset Recovery Bureau

ARB/C057/2024 – VARIATION OF A SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 8th August, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD). Compilation Number 560/2024, in the case:

The Republic of Malta

Versus

JONATHAN MIZZI;

GRETA sive GRETA JOSEPHINE MIZZI; 

OTMAN ALI OTMAN ABDULKADER; 

AKAKUS INTERNATIONAL LTD, incorporated on the 24th December, 2013, with Maltese registration number C63292 and registered address at Apartment 1061, Block 10, Pender Gardens, Triq Sant’Andrija, St Julian’s, Malta.

CONVEY SHIPPING & TRADING AGENCY LTD;

DUNCAN MANGION;

CARMEL BUSUTTIL;

TIMOTHY GALEA;

JONATHAN THEUMA;

EDWARD MIFSUD;

AND

MARICA BUGEJA;

The Court APPOINTS Dr Peter Fenech as the administrator for the society AKAKUS INTERNATIONAL LTD and with immediate effect take over the management and ordinary administration of the mentioned company and all its business while taking the necessary measures for the better preservation of assets.

This variation is being published in terms of Article 36 (5) of the Proceeds of Crime Act, Cap. 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 Noel Bartolo, LLD) on the 10th July, 2024, which was published in the Government Gazette on the 19th July, 2024, 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 Jonathan Mizzi, Greta Sive Greta Josephine Mizzi, Otman Ali Otman Abdulkader, AKAKUS INTERNATIONAL LTD, Convey Shipping & Trading Agency Ltd, Duncan Mangion, Carmel Busuttil, Timothy Galea, Jonathan Theuma, Edward Mifsud, and Marica Bugeja.

MR ANTON SEVASTA

Director, Asset Recovery Bureau

ARB/C029/2021 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 26th July, 2024, given by the Criminal Court (Hon. Madam Justice Dr Edwina Grima, LLD). In the case: 

The Police

(Inspector Mark Anthony Mercieca)

(Inspector Alfredo Mangion)

Versus

MARIA CHRISTINA VASSALLO, public officer, 31 years, daughter of Claudio Caruana and Anabel (Anna) Caruana née Bugeja, born in Tal-Pietà, Malta on the 17th March, 1993, and residing at 51, Tulips Complex, Flat 7, Triq Santa Katarina, Żurrieq, and holder of Maltese identity card bearing number 148893M. 

The Court AUTHORISES the accused MARIA CHRISTINA VASSALLO to pay for the renewal of the motor insurance policy held by Melitaunipol Insurance Agency Limited in the amount of €1,100.33, as well as the relative road license in the amount of €396, for the vehicle registered in the name of the accused. That these payments shall be carried out by a third party from the bank account held in their own name with the Bank of Valletta plc as listed in the mentioned Court decree dated 26th July, 2024.

This variation is being published in terms of Article 36 (5) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Josette Demicoli, LLD) on the 12th May, 2021, which was published in the Government Gazette on the 18th May, 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 MARIA CHRISTINA VASSALLO.

MR ANTON SEVASTA

Director, Asset Recovery Bureau