Court Notices published in Government Gazette no 21,310 of 6th September 2024

It is hereby notified that by means of an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 26th of August, 2024 (Application number 68/2024) by Francis sive Franky Bajada pro et noe et, the opening of the succession was requested of John Bajada, bachelor, son of the late Francis Bajada and Josephine née Galea, born in Ta' Sannat, Gozo, on the 6th of December, 1939, and died in Victoria, Gozo on the 19th of June, 2023 (ID number 3840G), which aperture of succession is to be made in favour of his sister Luigia Bajada and the children of his dead brothers and sisters who are: Tania Maria Attard, Melissa Anne Vincini, Rebecca Busuttil, Samantha Carmen Attard, Walter James Attard, Vanessa Attard James Radalj, Jolene Kerry Radalj, Stephen John Lea, Michael Charles Azzopardi, Brett James Azzopardi, Luke Charles Gatt, Frances Cremona, Mary Micallef, Margaret Gauci, Anthony Gauci, Lina Dalli, Frances Doris Portelli, Jimmy Bajada and Joanne Azzopardi; Francis sive Franky Bajada, Antoinette Zerafa, Grace Muscat, Josette Attard, Sonia Agius and Alexander Bajada, the issue of these bands was ordered to let know everyone who may have an interest therein.

Therefore, anyone who might have an interest is hereby summoned to appear before the aforementioned Court in order to oppose that request by means of a note within fifteen days which start running from the day of the posting of the banns.

Issued by the Court of Magistrates (Gozo), Voluntary Jurisdiction, with the testimony of Dr Brigitte Sultana, Doctor of Law, Magistrate of the aforementioned Court.

Daniel Sacco

Deputy Registrar, for the Registrar, Courts and Tribunals (Gozo)

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 27th August, 2024, and upon an application numbered 828/2024, ordered:

To the Director of the Public Registry, so when he comes to register the Act of Birth of Lia Sadie Maria Gates in the Public Registry of Malta, make the appropriate annotations or corrections, in order to change her name from 'Samantha' to 'Lia Sadie Maria', also, on the Act of Marriage of her second marriage, when it comes to be registered in Malta, her name is to be changed from 'Samantha' to 'Lia Sadie Maria' and also the surname that she adopted after her marriage is to be changed from 'Wilkins' to 'Formosa'.

Court of Revision of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified that in virtue of a decree dated thirty (30th) of July of the year two-thousand and twenty-four (2024) given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction, Decree number 74/2018, the Court has ordered that Dr Jonathan Mintoff, lawyer, son of Anthony Mintoff and Domenica née Mifsud, born in Tal-Pietà, Malta, and residing in Għasri, Gozo (ID 9495M) be appointed as curator of the incapacitated Marija Camilleri, pensioner, widow of Peter Paul Camilleri, daughter of the late Paul Camilleri and Orsla née Vella, born in Nadur, Gozo, and residing in Rabat, Gozo (ID 68042G) and this in substitution of the former curators Mary Louise Muscat, wife of Raymond Muscat, daughter of the late Peter Paul Camilleri and Marija née Camilleri, born in Nadur, Gozo and residing in Nadur, Gozo (ID 24569G) and Robert Camilleri, son of the late Peter Paul Camilleri and Marija née Camilleri, born in Nadur, Gozo, and residing in Xewkija, Gozo (ID 19566G).

Daniel Sacco

For Registrar, Courts and Tribunals (Gozo)

By a decree of the 11th September, 2023, 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 HSBC Bank Malta plc (C3177) on the 28th July 2024 is asking for the withdrawal of the amount of €138,000 deposited by Schedule of Deposit number 1519/24 in the acts of judicial sale file number 21/23 in the names HSBC Bank Malta plc with the registration number C3177 vs Milen Teodorov Mihaylov (ID 69361A). The Court ordered the notification of this application to the interested parties with one week to reply.

Marvic Farrugia

For the Registrar Civil Courts and Tribunals

By means of a decree given on the 15th April 2024 by The Civil Court (Voluntary Jurisdiction Section) on an application number 173/2024 filed by Notary Adriana Vella, wherein it has been ordered the opening and publication of the secret will of Paolo Farrugia, (ID 94830M), son of the late Giorgio Farrugia and the late Teresa Farrugia née Bezzina, born and resided at Ħal Tarxien, Malta, and died at Msida, Malta, on the 18th of November, 2023, aged 93 years.

The opening and publication are going to be held on Monday, 16th September, 2024, at quarter to one in the afternoon (12.45 p.m.) in Hall 17, at the Law Courts, Valletta, under the ministry of Notary Adriana Vella.

Simon Simpson

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the thirty (30th) of August of the year 2024 (Decree number 76/2023BS following Application number 28/2024BS) Joseph Scicluna, bachelor, son of Giacchino u Rita née Formosa, born in Għajnsielem, Gozo and resides in Għajnsielem, Gozo (ID 10841G) has been confirmed interdicted from all acts of civil life.

Dr Jonathan Mintoff, lawyer, son of Anthony Mintoff and Domenica née Mifsud born in Tal-Pietà, Malta, and resides in Għasri, Gozo (ID 9495M), has been nominated as his curator, by virtue of the said decree.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 8th March, 2024, in the records of Sworn Application number 1238/2023MS, which was filed on the 1st November, 2023, in the names: Commissioner for Revenue and Customs vs Merchant Services 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: Order that a copy of this application together with the documents hereby attached and marked as Doc. B and C, be notified to the respondent according to the relevant provisions of Cap. 12 of the Laws of Malta and order the registration of the document hereby attached and marked as Doc. B as its official copy, so that such document constitutes an executive title.

Notify Respondent: Merchant Services Limited, No.15, Level 3, Triq Mannarino, Birkirkara

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 9th January, 2024, in the records of Sworn Application number 845/2023AB, which was filed on the 2nd August, 2023, in the names: Vicarist Limited vs Wyoming 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 respondent Wyoming Limited to pay the applicant Vicarist Limited that sum so liquidated. With all costs and legal interest against the defendant who is summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is postponed to 3rd October, 2024, at 9.20 a.m.

Notify Respondent: Wyoming Limited, Wyoming, Triq Ħabb il-Qamħ, Victoria Gardens, tal-Ibraġ, Swieqi

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

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 9th May, 2024, in the records of the Application number 875/2001 in the names Joseph and Leah Attard vs Victoria and Emanuel Sammut, Dorothy Arnold, Carmen Azzopardi, Esther Cauchi, Joseph Grima, Emanuel Vella, the following publication was ordered for the purpose of service of Joseph Grima and Emanuel Vella in terms of section 187(3) et sequitur of Cap 12.

By means of Application number 875/2001 filed on the 20th June, 2023, by Joseph and Leah Attard, the applicants in virtue of the judgment decided on the 26th March, 2010, in the names premised are asking this Honourable Court to appoint a new technical referee to supervise the work to be done by the respondents, according to the cited judgment; to issue any other order it deems fit in the circumstances, including: ordering that in default and in case the respondents fail to carry out the works within the time fixed, authorise the applicants themselves to carry out the necessary works at the expense of the respondents under the direction of the same appointed architect; find the respondents guilty of contempt towards the Authority of this Honourable Court due to their failure to abide by the said decision. With costs.

Notification:   Joseph Grima, Marnet Court, Flt. 2, Vincenzo Ciappara Street, Mellieħa

Emanuel Vella, Funry Flats, Tunnara Promenade, Għadira, Mellieħa

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Court of Appeal, Superior jurisdiction, on the 5th June, 2024, in the records of the Application number 1088/17 in the names BNF Bank plc formerly Banif Bank (Malta) plc (C41030) vs SM (Marketing) Ltd (C41560); Stephen Galea (ID 274870M) et, the following publication was ordered for the purpose of service of Stephen Galea in terms of section 187 (3) et sequitur of Cap. 12.

By means of Appeal Application number 1088/17 filed on 18th March, 2024 the appellant SM (Marketing) Ltd (C41560), Mark Philip Bezzina (ID 446674M) and SM (Services) Ltd (C47967) felt aggrieved by the judgment of the First Hall Civil Court decided on the 22nd February, 2024, in so far as: 1) the respondent Bank proceeded in an untimely manner in regard to the appellants; 2) the behaviour of Stephen Galea had a significant impact on the exponent companies; 3) the grievance regarding Article 1931 of Cap. 16 of the Laws of Malta which was pleaded in the fourth plea of the exponent appellants; and 4) the grievance regarding the public contracts dated 1st September, 2014, and the guarantees emerging therefrom.

Therefore, the applicants request this Honourable Court to confirm the judgment of the First Hall Civil Court in the names BNF Bank plc previously Banif Bank (Malta) plc vs SM (Marketing) Ltd et dated Thursday, 22nd February, 2024, only in that part where such Court upheld the second plea of the defendants qua appellants; to cancel and to revoke the rest of this judgment, 3) uphold the remaining pleas of the defendants qua appellants as brought forward in their sworn reply, and consequently dismiss all the demands of the applicant company qua respondent; with costs against the respondent Bank

Notification: Stephen Galea - 85, Triq Dun Loret Callus, Ħaż-Żebbuġ, Malta, and 'Sunshine', 3 Triq San Ġorġ, Ħal Qormi

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 1st July, 2024, in the records of the Application number 228/2018 in the names Olive Gardens Investments Limited (C16715) vs Salvatore Farrugia and his wife Emanuela Farrugia; Francis Farrugia and his wife Consolata Farrugia; Catherine widow of John Farrugia et the following publication was ordered for the purpose of effecting service on Francis Farrugia and his wife Consolata Farrugia; Catherine widow of John Farrugia in terms of section 187 (3) et sequitur of Cap. 12.

By means of the Appeal Application number 228/2018 filed on the 8th June, 2023, the appellants Annetto Farrugia and his wife Eldred Maria Farrugia felt aggrieved by the decision read out during the hearing of the 8th May, 2023, of the cause in the names premised, whereby in the first place the Honourable First Court expunged the affidavit of the applicant defendant Annetto Farrugia. Whereas the grievances are clear and manifest in that the Honourable First Court should never have removed an element of proof such as a sworn declaration or an affidavit for the simple reason that the sworn declaration was not notified within the time limit and secondly by expugning an element of proof such as the sworn declaration of a party, the voice of that party testifying by means of that affidavit is being suppressed and cancelled by the process judicial.

Therefore, the appellants humbly request this Court to cancel and revoke the decision of the Honourable First Court of the 8th May, 2023, in so far as it expunged the affidavit of the exponent Annetto Farrugia and consequently reintegrate the same affidavit and declare it as an element of proof of the cause and this with costs of this appeal against the respondent plaintiff company.

Notification: Francis Farrugia and Consolata Farrugia, Francon House, Triq il-Kunċizzjoni, Żurrieq

Catherine Farrugia Farrugia, St Michael, Flat 3, Vjal il-Blue Grotto, Żurrieq

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By order of the Court of Appeal (Inferior Jurisdiction) given on 20th August, 2024, in the records of Application number 7/2019 in the names Advocate Francis Lanfranco (ID 381250M) vs Emmanuela Ellul (ID 16836) widow of Ġużeppi Ellul and John Ellul (ID 593759M) for any interest he may have to serve as a notification of the notice of hearing in regard to the said Maxine Camilleri pursuant to section 187(3) et sequitur of Cap. 12.

By means of a decree of the Court of Appeal of the 20th August, 2024, regarding the Notice of Hearing of a cause issued by the Registry Superior Courts for this cause and since the written procedures before the Court of Appeal in the cause in the names above mentioned have been closed, the Court fixed the hearing of this cause for the 19th June, 2024, and deferred to 25th September, 2024, at 9.30  a.m.

Notification: Emmanuela and John Ellul, 25, Triq Tal-Ħandaq Ħal Qormi

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By order of the Court of Appeal (Inferior Jurisdiction) given on 19th August, 2024, in the records of Application number 08/2019 in the names Advocate Francis Lanfranco (ID 381250M) vs Emmanuela Ellul (ID 16836) widow of Ġużeppi Ellul to serve as a notification of the notice of hearing in regard to the said Emmanuela Ellul pursuant to section 187(3) et sequitur of Cap 12.

By means of a decree of the Court of Appeal of the 19th August, 2024, regarding the Notice of Hearing of a cause issued by the Registry Superior Courts for this cause and since the written procedures before the Court of Appeal in the cause in the names above mentioned have been closed, the Court fixed the hearing of this cause for the 19th June, 2024, and deferred to 25th September, 2024, at 9.30  a.m.

Notification: Emmanuela Ellul, 25, Triq Tal-Ħandaq, Ħal Qormi

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 12th July, 2024, in the records of Sworn Application number 496/2024AJD, which was filed on the 3rd May, 2024, in the names: Camilleri Joseph vs Farrugia Charlot, the following publication was ordered, in terms of Article 187 (5) et sequitur of Cap.12 for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: In default of carrying out the works mentioned, order the applicant to carry out the said works at the expense of the respondent. With costs against the respondent who is summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is postponed to 25th October, 2024, at 11.10 a.m.

Notify Respondent: Farrugia Charlot, Tal-Għadir Farmhouse, Tal-Għadir, l/o Żurrieq, Żurrieq

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 11th June 2024, in the records of Sworn Application number 530/2024FDP, which was filed on the 10th May, 2024, in the names: MIC Entertainment Limited vs Camilleri Raymond 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 applicant asked this Honourable Court to, among others: Order the respondents, to pay the plaintiff company the sum of twenty thousand euro (€20,000). With all costs and interests against the defendant who is summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is postponed to 5th November, 2024, at 9.30 a.m.

Notify Respondents: Camilleri Raymond and Camilleri Stephanie, 183, Fleurette, Triq Tas-Sliema, Kappara, San Ġwann

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

For the Registrar, Civil Courts and Tribunals

WHEREAS STEVEN SULTANA filed a writ of summons number 70/2024 (SG) in the names 'Sultana Steven vs  Direttur tar-Reġistru Pubbliku għal Għawdex' demanding corrections in the Act of Birth of Zahra Sultana bearing number eighty-eight of the year two thousand and seventeen (88/2017) and in every other civil status act relative to Zahra Sultana.

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 (15) 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 writ of summons, of the day which will be appointed for the hearing of the case.

John Vella

For the Registrar, Gozo Courts and Tribunals

It is hereby notified that by virtue a decree issued on the 3rd of September, 2024, issued by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, in the acts of prohibitory injunction number 16/2024(SG) in names 'Shawn Sultana versus David Stuart Rolph', filed in the Registry of the said Court on the 25th of July, 2024, the publication of the extract reproduced below was ordered and this in order to serve as notification against the respondent David Stuart Rolph, identity card number 61151A, unmarried, son of Kenneth James Rolph and Marilyn Elizabeth née Barnes, born in Taplow, England on the 20th of April, 1963, with address at number 19, Triq il-Knisja, Għasri, Gozo, and this in terms of article 187(4) of Cap. 12 of the Laws of Malta.

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

Warrant of prohibitory injunction number 16/2024

(Applicant) Shawn Sultana, identity card number 33887G, son of Bernard and Miriam née Said, born in Victoria on the 25th of July, 1987

vs

(Respondent) David Stuart Rolph, identity card number 61151A, unmarried, son of Kenneth James Rolph and Marilyn Elizabeth née Barnes, born in Taplow, England, on the 20th of April 1963, residing at 19, Triq il-Knisja, Għasri, Gozo

Application by Shawn Sultana, identity card number 33887G

Respectfully sheweth and confirms on oath:

That the applicant has an interest in having his rights protected;

That the applicant, in order to safeguard his rights, desires to prohibit the respondent from, whether personally or through third parties engaged by him or with his authorisation:

Transfer, sell, dispose of, enter into any private agreement relating to, or create any real or personal right over the house number nineteen (19), Triq il-Knisja, Għasri, Gozo, including the land at the back, its airspace or the underlying terrain.

This request is being made because by virtue of an agreement signed between them on the twelfth (12th) of January two thousand and twenty three (2023), the respondent undertook to sell to the applicant the property at number nineteen (19) Triq il-Knisja, Għasri, and this for the price of three hundred and thirty-five thousand euros (€335,000) of which the sum, fifty thousand euros (€50,000) has already been paid as a deposit on account of the price on the same agreement and with all the other conditions indicated in that agreement.

That this agreement has been duly registered with the Commissioner of Inland Revenue with the reference PS 202301130.

That the respondent failed to come forward for the publication of the contract and this despite the fact that he was not only verbally informed by the applicant of the date scheduled for the publication of the relative act, but also by virtue of an official letter presented on the 25th of June, 2024, official letter number 394/2024.

That the applicant proceeded with a case against the respondent in order to enforce his rights arising from that agreement, and this warrant is being presented in support of that lawsuit. The applicant is requesting the allegation of the records of that case because the documents in support of this warrant were presented in the records of that lawsuit.

That the applicant will be seriously prejudiced if the respondent is not prohibited as above stated;

Therefore he respectfully requests this Honourable Court to order the issue of a warrant of prohibitory injunction to prevent respondent from proceeding as above indicated.

(signed) Advocate Carmelo Galea

The hearing of the application for the issue of this warrant of prohibitory injunction is deferred to the 25th of September, 2024, at 1.00 p.m., in the Gozo Court building, Misraħ il-Katidral, Victoria, Gozo.

Margaret De Battista

Assistant Registrar, for the Registrar, Courts and Tribunals (Gozo)

ARB/C066/2024 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 1st September, 2024 given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Jean Paul Grech, LLD). Compilation number 6910/2024, in the case:

The Police

(Inspector Jonathan Pace)

(Inspector Jonathan Cassar)

Versus

YEBIO BERHE BEYEN, 50 years, son of Berhe and Hiwot née Weldeslase, born in Eritrea on the 12th August, 1974, and residing at 'Sacred Family', Flat 4, Triq Geronimo Abos, Iklin, holder of alien travel document bearing number MT907506 and Maltese identification document bearing number 69636A.

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 YEBIO BERHE BEYEN and prohibits the said 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.

The Court AUTHORISED the accused to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, from which it shall be specified what moneys may be paid or received by the accused during the existence of this order, including the source, method and other modalities of payments including salary, wages, pension and/or social security benefits. Provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken.

Any person who acts in contravention of the court order mentioned in Article 22A and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand, 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/C067/2024 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 1st September, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Jean Paul Grech, LLD). Compilation number 6911/2024, in the case:

The Police

(Inspector Jonathan Pace)

(Inspector Jonathan Cassar)

Versus

CESSAY ALIMAMEH, 25 years, son of Massaneh and Joko, born in Bakaur, India on the 25th August, 1999, and residing in Ħal Qormi and holder of Italian identity card bearing number CA24865RY.

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 CEESAY ALIMAMEH and prohibits the said 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.

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, from which it shall be specified what moneys may be paid or received by the accused during the existence of this order, including the source, method and other modalities of payments including salary, wages, pension and/or social security benefits. Provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken.

Any person who acts in contravention of the court order as mentioned in Article 22A and Article 23A referred 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/C068/2024 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 30th August, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Giannella Camilleri Busuttil, LLD). Compilation number 6892/2024, in the case:

The Police

(Inspector John Leigh Howard)

(Inspector Jonathan Pace)

Versus

BURGH SPITERI, dog breeder, 34 years, son of Louisa Spiteri née Spiteri, born in Tal-Pietà, Malta, on the 10th February, 1990, and residing at 54, Triq Ġuże Pace, Ħamrun, holder of Maltese identity card bearing number 104590M.

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 BURGH SPITERI and prohibits the said 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, Article 5 of the 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.

Any person who acts in contravention of the court order mentioned in Article 22A, 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.

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C043/2022 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 26th August, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Rachel Montebello, LLD). Compilation number 525/2021, in the case:

The Republic of Malta

Versus

LYNETTE ZERAFA, self-employed, 41 years, daughter of Martin Zerafa and Catherine Zerafa née Caruana, born in Tal-Pietà, Malta, on the 9th September, 1982, residing at 6, Pjazza l-Madonna ta' Pompei, Marsaxlokk, and/or Coral Park P/H 22, Triq il-Ġifen, Marsaxlokk, and holder of Maltese identity card bearing number 514182M.

The Court AUTHORISES the BNF Bank plc to receive the sum of €16,698.75 representing the arrears due on the home loan account ending -1001, as well as the sum of €16,378.49 for the amount due on the account ending -1002, which accounts are listed in the name of the accused LYNETTE ZERAFA and held with the same BNF Bank plc. That these payments shall be carried out from bank account listed in the name of the accused ending in -7670 and held with the Bank of Valletta plc.

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 Natasha Galea Sciberras, LLD) on the 21st June, 2022, which was published in the Government Gazette on the 5th July, 2022, 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 LYNETTE ZERAFA.

That this order has already been published in the Government Gazette on 9th August, 2024, and is being reissued through a decree dated 26th August, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature presided by Magistrate Dr Rachel Montebello, LLD, which ordered the correction of the bank account number mentioned in the first publication.

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C069/2024 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 27th August, 2024 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Elaine Rizzo, LLD). Compilation number 673/2024, in the case:

The Republic of Malta

Versus

CHRISTIAN BORG, self-employed, 31 years, son of Raymond Borg and the late Sharon Anne Borg née Lea, born in Tal-Pietà, Malta on the 14th July, 1993, and residing at 70, 'Sharay', Triq il-Fraxxnu, St Julian's, and holder of Maltese identity card bearing number 315493M.

PRINCESS CONSTRUCTION LIMITED, incorporated on the 30th January, 2018 with Maltese registration number C84648 and registered address at 70, 'Sharay', Triq il-Fraxxnu, St Julian's, Malta.

PRINCESS HOLDINGS LIMITED, incorporated on the 6th October, 2015, with Maltese registration number C72528 and registered address at 'Princess Holdings Ltd', Triq il-Mastrudaxxa, Ħal Qormi, Malta, and/or 70, 'Sharay', Triq il-Fraxxnu, St Julian's, Malta.

PRINCESS OPERATIONS LIMITED, incorporated on the 22nd May, 2018 with Maltese registration number C86415 and registered address at 70, 'Sharay', Triq il-Fraxxnu, St Julian's, Malta.

ZING RENTAL LIMITED, incorporated on the 12th December, 2017, with Maltese registration number C83424 and registered address at 70, 'Sharay', Triq il-Fraxxnu, St Julian's, Malta.

NO DEPOSIT CARS LIMITED, incorporated on the 12th April, 2018 with Maltese registration number C85780 and registered address at 'No Deposit Cars', Triq il-Mastrudaxxa, Ħal Qormi, Malta.

LION FUNDING LIMITED, incorporated on the 24th February, 2022 with Maltese registration number C101625 and registered address at 117, 'Dhalia', Triq San Ġużepp, Paola, Malta.

AND

MONIQUE MIZZI, director, 27 years, daughter of Noel Mizzi and Susan Mizzi née Borg, born in Tal-Pietà, Malta on the 3rd September, 1997, and residing at 117, 'Dhalia', Triq San Ġużepp, Paola, and holder of Maltese identity card bearing number 350597M.

The Court ORDERED the attachment of any property in the hands of third parties for which there is reasonable cause to believe that the property is subject to confiscation, and is restraining and prohibiting the accused CHRISTIAN BORG, PRINCESS CONSTRUCTION LIMITED, PRINCESS HOLDINGS LIMITED, PRINCESS OPERATIONS LIMITED, ZING RENTAL LIMITED, NO DEPOSIT CARS LIMITED, LION FUNDING LIMITED, and MONIQUE MIZZI from transferring, pledging, hypothecating, or otherwise changing or disposing of any such property and of such other property owned by them or being in their possession, and this in terms of Article 36(1) and Article 36(4)(b)(i) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount established by the Minister by order in the Government Gazette of Malta No. 21,191 through Legal Notice 31 of 2024 – Establishment of Maximum Amount which may be Released to Persons who are Subject to Attachment Orders or to Seizing and Freezing Orders under the Proceeds of Crime Act Order, 2024, of twenty-one thousand, nine hundred and forty-five euro (€21,945) annually as the maximum amount, after the accused indicate with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Article 36(1) and Article 36(4)(b)(i) 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.

Mr Anton Sevasta

Director, Asset Recovery Bureau

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 22nd February, 2024, in the records of the Application number 705/17 in the names Catherine Farrugia (KI 683055M) vs Giuseppe Ciccone (AR 9363486), the following publication was ordered for the purpose of effecting service on Catherine Farrugia in terms of section 187(3) et sequitur of Cap. 12.

By means of Appeal Application number 705/17 filed on 1st June, 2023, the appellant Giuseppe Ciccone felt aggrieved by the judgment of the Court of First Instance delivered on the 3rd May 2023 on the basis of four grounds of appeal, namely:

1. There is a discrepancy between the amount claimed by the respondent and the amount indicated in the bills of exchange. This uncertainty and arbitrariness in the amount raises serious doubts as to the validity of the bills of exchange;

2. The First Court did not carry out an examination of the facts on the basis of the option given to it by law to suspend enforcement of part of the bills of exchange;

3. That this uncertainty on the amounts represented by the bills of exchange is also evident in the contradictions regarding the interests on the loans due;

4. whereas the cause of the respondent was the management of illegal financial services and was found by the Court itself to be lending by usury and these facts constitute grave and valid reasons to suspend the bills of exchange merits of the case.

Therefore, the appellant respectfully requests this Honourable Ount to cancel and change the judgment dated 3rd May, 2023, by dismissing the pleas of the respondent Catherine Farrugia and upholding the demands of the appellant Giuseppe Ciccone. With costs of both instances against the respondent.

Notification: Catherine Farrugia, Ramal, Triq in-Nigret, Żurrieq

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 17th June, 2024, in the records of the Application number 199/2017 in the names Wood System SRLS vs Alexander Cutajar (264785M) and by decree of the 12th April, 2017, Luca di Modugno, Kawtar El Matarji and Andrew Manduca were joined in suit, the following publication was ordered for the purpose of service on Luca di Modugno and Kawtar El Matarji in terms of section 187 (3) et sequitur of the Cap 12.

By means of the Appeal Application number 199/2017 filed on the 18th December, 2020, the appellant Alexander Cutajar felt aggrieved by the judgment of the First Hall Civil Court delivered on the 1st December, 2020, as in addition to the pleas already raised by the exponent in his sworn reply, he is contemporaneously raising the plea of the plaintiff company's lack of locus standi since the plaintiff company, which is a foreign company, could not act directly by judicial action in our Courts without the intervention of a mandatary who would be present in Malta during the course of the proceedings.

Therefore, whilst as above premised, the appellant is raising a further plea of lack of locus standi of the plaintiff company, he is humbly requesting this Honourable Court to uphold this appeal by varying, altering and reforming the judgment delivered on the 1st December, 2020, whilst confirming it in that part where it upheld the plaintiff's demands against the parties joined in suit Luca di Modugno and where it non-suited the parties joined in suit; cancel it and revoke it in its remainder and instead pass on to uphold the defendant's pleas, dismiss the plaintiff's demands in his regard, with costs of both instances against the plaintiff.

Appeal Application No. 199/2017 in the names Wood System SRLS vs Alexander Cutajar et has been deferred for hearing to the 7th November, 2024, at 945 a.m.

Notification: Luca di Modugno, Kawtar El Matarji, 52 Annaton TH, Triq is-Sajf, St Paul's Bay

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 18th August, 2024, in the records of Sworn Application number 1207/2023MH, which was filed on the 24th October, 2023, in the names: Illievski Martin pro et noe vs Enemalta plc et, the following publication was ordered, in terms of Article 187 et sequitur of Cap.12 for the purpose of service of the respondents. The applicants asked this Honourable Court to, among others: Condemn the respondents or either of whom to pay the applicants the sum so liquidated. With all costs 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 adjourned for hearing on the 2nd October, 2024, at 9.00 a.m.

Notify Respondent: Grech Raymond, 54, October Flats, Flat 4, Triq San Ġorġ, Naxxar

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

For the Registrar, Civil Courts and Tribunals