Court Notices published in Government Gazette No. 21,323 of 4th October 2024

By a decree of the Small Claims Tribunal of the 4th June, 2024, the publication of the following extract was ordered for the purpose of service on Noel Grima in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Nazzareno Farrugia (ID 0346639M) of 63, Sunflower, Triq il-Barrieri, Żurrieq, filed a Claim on the 28th May, 2024, whereby he asked the Tribunal to condemn Noel Grima (ID 0571290M) of Memphis, Triq Giovanni Pullicino, Ħaż-Żebbuġ, to pay the plaintiff the sum of €2000, which amount is due to the plaintiff.

With costs

The case (Claim number 166/2024CC) is deferred on the 23rd October, 2024, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 3rd May, 2023, Application number 841/2023, by Miche4lle Demicoli et, whereby following the application Loreta Demicoli holding identity card number 930650M, was interdicted from all the acts of the civil life by means of a decree given on the 8th July, 2024.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree of the 21st September, 2024, handed down by the Juvenile Court in the records of the application number 120/2023AC in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Raisa Gatt et, the following publication was ordered for the purpose of effecting service on the respondents Raisa Gatt, Darren Schembri and Deniro Bugeja in terms of Article 187(3) et sequitur of Cap. 12.

By means of a note in the records of Application Number 120/2023AC in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Raisa Gatt (ID 303096M), Darren Schembri (ID 439489M) and Deniro Bugeja (ID 557594M) filed in the Juvenile Court, on the 10th June, 2024, the applicant Directorate for Child Protection filed a report of the 5th June, 2024, here attached and marked as Doc .ZM2.

By means of a decree of the 14th June, 2024, the Court ordered that the respondents be notified with the said report having five days to file a reply.

The case (Application number 120/2023AC) in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Raisa Gatt et is postponed to the 11th October, 2024, at 10.15 a.m.

Applicant: Directorate for Child Protection, 220, Triq il-Kanun, Santa Venera

Notification Raisa Gatt, 112, Alcasons Court, Block B, Fl. 1, Triq id-Dejma, Ħal Tarxien

Darren Schembri, Apt 21 ta’ Settembru 1946, Blk A, Fl. 16, Triq il-Prinjoli, Santa Luċija

Deniro Bugeja, Facilità Korrettiva ta’ Kordin

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by means of an application filed in the Court of Magistrates (Gozo), Voluntary Jurisdiction, on the 23rd of September, 2024 (Application number 81/2024) by Pauline sive Paulina sive Paula Cefai et, the opening of the succession was requested of Giovanni Cefai, married to Pauline sive Pawlina sive Paula Cefai, son of the late Michele Cefai and Giuseppa Cefai née Portelli, born in Qala, Gozo, on the 20th of July, 1935, and died in Victoria, Gozo, on the 21st of February, 2024, which opening of succession is to be made in favour of his wife Pauline sive Paulina sive Paula Cefai in the quota of one half (1/2) undivided share and in favour of his children Joseph Michael Cefai and John Paul Cefai in the quota of one fourth (1/4) undivided share each, 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)

ARB/C074/2024 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 29th September, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Marse-Anne Farrugia, LLD). Compilation Number 770/2024, in the case:

The Police

(Inspector Jonathan Pace)

Versus

SHAHRUL IDZWAN BIN MOHD ALI, salesman, 31 years, son of Mohd Ali and Norazizah, born in Ipoh, Malaysia, on the 26th July, 1993, without a fixed address in Malta and holder of a Malaysian passport bearing number A62094781. 

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 SHAHRUL IDZWAN BIN MOHD ALI 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 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 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

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 12th June, 2024, in the records of Application number 1148/18 in the names Barry John Drake (30471A), together with his wife Carol Drake (31392A) for any interest she may have, and by a decree dated 2nd December, 2020, the acts of the proceedings were transferred onto the name of Carol Drake due to the death of Barry John Drake, and Stephen Edward Callard, English passport number 108322055 vs Joseph Portelli (638648M) and Small Properties Limited (C29977), the following publication was ordered to serve as a notification in regard to the said Carol Drake and Stephen Edward Callard pursuant to section 187(3) et sequitur of Cap. 12.

By means of Appeal No. 1148/18 filed on the 14th February, 2024, Joseph Portelli (638648M) felt aggrieved by the judgment dated 18th January, 2024, given by the First Hall of the Civil Court and is interposing an appeal from it before this Court of Appeal on the grounds that the first court ought to have upheld the appellant’s pleas for the reasons already expressed during the hearing of the case, in the note of his submissions before the first court and as now further explained in this appeal.

Therefore, the appellant exponent respectfully requests that this Court reforms the judgment of the First Hall of the Civil Court of the 18th January, 2024, by revoking it where it dismissed the pleas of the exponent Joseph Portelli and where it upheld the claims of the plaintiff respondents and instead it upholds all the appellant exponent’s pleas and consequently it dismisses all the plaintiff respondents’ claims. With the costs of both instances against the plaintiff respondents.

Notification: 1) Carol Drake (31392A) for any interest she may have, and as successor to Barry John Drake, 24, Triq Mannar, Xagħra, Gozo

2) Stephen Edward Callard, English passport number 108322055, 24 Triq Mannar, Xagħra, Gozo

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 9th September, 2024, in the records of the Application number 610/15 in the names George Borg et vs Bartholomeo Bonett et, the following publication was ordered for the purpose of effecting service on Bartholomeo Bonett in terms of section 187 (3) et sequitur of Cap. 12.

In virtue of Application number 610/15 filed on the 25th June, 2024, the applicants George Borg et are asking this Honourable Court: to declare that the spouses Bonett did not abide by what had been decided in the judgment by this Honourable Court dated 21st May, 2024, and consequently the right of retention pleaded by the spouses Bonett is being rejected; 

To order that all the exponent’s claims, appellant in these present proceedings, are being upheld with immediate effect and consequently declare and decide that the spouses Bonett are occupying and/or holding the apartment internally numbered two (2) forming part of the block of apartments named ‘Seagull Court’, in Triq San Ġwann Battista, St Paul’s Bay, without any right and without a valid title at Law; 

To order the spouses Bonett so that within a short and peremptory period they vacate the apartment mentioned; 

To order that in the event that the spouses Bonett do not vacate the apartment mentioned within the time fixed for them, the applicants shall be duly authorised to take back possession of the same premises and this under all those provisions that this Honourable Court deems fit and opportune with costs against the spouses Bonett.

Notify: Bartholomeo Bonett et, Il-Girna, Triq Dun Karm, Birkirkara

DR FRANCO BONDIN, LLD, M. JUR.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Constitutional Court, on the 2nd September, 2024, in the records of the Appeal Application number 117/2021 in the names Josephine Bonello (ID 683738M) et vs the State Advocate and Pauline Tonna (ID 740444M) and Joseph Fenech (ID224151M) for any interest he might have, the following publication was ordered for the purpose of effecting service on Pauline Tonna in terms of section 187(3) et sequitur of Cap. 12.

In virtue of Appeal Application number 117/2021 filed on the 5th December, 2023, the State Advocate felt aggrieved by parts of the judgment of the First Hall of the Civil Court (Constitutional jurisdiction) delivered on the 16th November, 2023, ordering him to pay a total of €59,189 but only as regards the order that the non-pecuniary damages forming part of this sum shall be in the amount of €17,000 together with all the judicial expenses, since the non-pecuniary compensation was excessive as explained in the application and according to jurisprudence; similarly with regard to the costs.

Therefore, the exponent is asking this Constitutional Court to reform the judgement mentioned dated 16th November, 2023, by cancelling, revoking and annulling it in the sum granted and ordering a considerably lower non-pecuniary compensation; cancelling, revoking and annulling it in the part where it condemned the exponent to pay the judicial costs so that instead they be apportioned as explained in the appeal application whilst confirming the judgment as to the remainder with the costs of both procedures to be borne by the respondent applicants.

Constitutional Appeal Application in the names Josephine Bonello et vs the State Advocate and Pauline Tonna and Joseph Fenech has been deferred to the 21st October at 9.30  a.m.

Notification: Pauline Tonna, Lady Flats, Flat 1, Triq Ross, St Julian’s

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 September, 2024, in the records of the Application number 175/2023 in the names George Fenech vs Sylvana Tanti, the following publication was ordered for the purpose of effecting service on Sylvana Tanti in terms of section 187 (3) et sequitur of Cap. 12.

In virtue of Appeal Application number 175/2023 filed on the 28th May, 2024, the appellant George Fenech felt aggrieved by the judgment decided by the First Hall Civil Court on the 9th May, 2024, in the names premised on the basis of four grounds as detailed in the appeal application de quo.

Therefore, the appellant respectfully requests that this Honourable Court shall: 

1. Cancel, revoke and annul the appealed judgment delivered by the Honourable First Court on the 9th May 2024 in such a manner as to uphold the first (1) claim by the plaintiff and declare that in the absence of a judgment by the Court which shall constitute a res judicata between the parties and which eventuality if this be the case condemn the applicant George Fenech to vacate the premises with the address Champs Patizzerija, 65, St George’s Road, St Julian’s, the warrant in procintu bearing number 78/2022/2JVC or any other warrant cannot be executed again against the applicant regarding the said premises; 

2. Uphold the second (2) grievance of the appellants and thus cancel, revoke and annul the judgment mentioned by upholding the second (2) third (3) and fourth (4) claim by the applicants; 

3. Uphold the third (3) grievance raised by the appellants and thus cancel, revoke and annul the appealed judgment mentioned and pass on to uphold the fifth claim by the applicants and consequently order the cancellation, annulment and revocation of the execution of the warrant in procintu with Number 78/2022/2JVC in its entirety against George Fenech;

4. Uphold the fourth (4) grievance of the appellant and thus cancel, revoke and annul the appealed judgment mentioned as regards the costs and subsequently order that the costs of both instances should be borne by the respondent.

With the costs of both instances against the respondent.

Notification: Sylvana Tanti, 21, Flat 1, Triq in-Nazzarenu, Ħamrun

DR FRANCO BONDIN, LLD, M. JUR.

For the Registrar, Civil Courts and Tribunals

By order of the Court of Appeal (Superior) given on 13th Februrary, 2024, in the records of Application number 1120/2015 in the names Joseph Aquilina vs Gzira Properties Ltd, Raymond Mifsud and Joan Fenech to serve as a notification of the notice of hearing in regard to the said Raymond Mifsud and Joan Fenech pursuant to section 187(3) et sequitur of Cap. 12.

By means of the decree of the Court of Appeal of the 13th Februrary, 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 6th June, 2024, and deferred to 17th October, 2027, at 8.35  a.m.

Notification: Raymond Mifsud, 1, Flat 3, Triq Miggiani, Ħamrun

Joan Fenech, 8, Triq Anton Buttigieg, Ħamrun

DR FRANCO BONDIN, LLD, M. JUR.

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by means of an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 25th of September, 2024 (Application number 84/2024) by Joseph Saliba et, the opening of the succession was requested of Mariano Saliba, bachelor, son of the late Carmel Saliba and Giorgia née Curmi, born in Ta’ Sannat, Gozo, on the 16th of August, 1945, and died in Ta’ Sannat, Gozo, on the 21st of January, 2024, which opening of succession shall be made in favour of his brothers and sisters Joseph Saliba, Maurice Saliba, Tarcisia Saliba, Mary Carmela Saliba and Anthony Saliba in the quota of sixth part (1/6) each and both nephews, children of his late sister Josephine Attard and namely Mary Buttigieg and George Attard in the quota of twelfth part (1/12) each, 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)

By means of a decree given by the Civil Court, First Hall, Constitutional Jurisdiction, on the 19th June, 2024, in the records of Constitutional Application number 610/2023HM, which was filed on 7th December, 2023, in the names: Said Mario vs the State Advocate 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: Condemn the respondent State Advocate to pay the same compensation and liquidated damages in terms of Law. With costs and legal interest against the respondents who are summoned so that a reference to their evidence be made.

The Constitutional Application in the names mentioned above is postponed to 11th October, 2024, at 10.40 a.m.

Notify Respondent: Vassallo Alfred. 14, Flat 7, Triq San Tumas, Floriana

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 13th June, 2024, in the records of Sworn Application number 242/2024DC, which was filed on the 4th March, 2024, in the names: Laguna Property Development Limited et vs Spin Properties Limited the following publication was ordered, in terms of Article 187 et sequitur of Cap.12 for the purpose of service of the respondent. The applicants asked this Honourable Court to, among others: Order that in default, these works be carried out by the applicant companies under the supervision of an Architect appointed by this Honourable Court. 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 adjourned for hearing on the                                                                                                                                     15th October, 2024, at 9.00 a.m.

Notify Respondent: Spin Properties Limited. Cathleya, Triq in-Narċis, Madliena, 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 given by the Civil Court, First Hall, on the 4th September, 2024, in the records of Sworn Application number 13/2024TA, which was filed on the 10th January 2024 in the names: GasanMamo Insurance Limited vs Jankauskas Ernestas, the following publication was ordered, in terms of Article 187 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 to pay the sum so liquidated. With all costs and interest 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 16th October, 2024, at 9.30 a.m.

Notify Respondent: Jankauskas Ernestas, 70, Adagio, Triq l-Għarbiel, 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 2nd September, 2024, in the records of the Sworn Application Number 373/22 in the names Mark Portelli (ID 535880M) vs Dr Frank Portelli (ID 514744 M), the following publication was ordered for the purpose of effecting service on the said Mark Portelli in terms of section 187(3) et sequitur of Cap. 12.

By means of the Reply and the Incidental Appeal in the records of Sworn Application number 373/2022 in the names premised, filed on the 22nd July, 2024, Dr Frank Portelli (ID 514744 M) whilst requesting that the plaintiff’s appeal, filed by Mark Portelli on the 14th June, 2024, against the judgment of the First Hall Civil Court dated 27th May, 2024, be completely dismissed with costs against him and furthermore the exponent Dr Frank Portelli wishes to avail himself of the plaintiff's appeal to bring forward his cross-appeal against the said judgment of the First Hall Civil Court of the 27th May, 2024, in the cause in the names premised on the basis of two grievances.

Therefore, the exponent humbly requests that this Honourable Court upholds the exponent’s cross-appeal, and consequently alters the judgment of the First Hall Civil Court dated 27th May, 2024, in the names premised in the sense that it annuls it where it rejected the first two pleas by the exponent and where it allocated the costs of those two pleas to the exponent, and instead uphold those pleas with costs against the plaintiff, and confirm it as to the rest, and this with costs of both instances at the expense of the respondent.

Notification: Mark Portelli, 20, Cloisters Walk, Block 8, Flat 1, Carmel Street, St Julian’s

DR FRANCO BONDIN, LLD, M. JUR. 

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal, Inferior Jurisdiction, on the 23rd July, 2024, in the records of the Application number 188/24 in the names Michael Cacciattolo (ID 88060M) vs OZO Services Limited (C94420), the following publication was ordered for the purpose of service of Michael Cacciattolo in terms of section 187 (3) et sequitur of Cap. 12.

In virtue of Appeal Application number 47/2024 filed on the 3rd June, 2024, in the names premised, the appellant company OZO Services Limited felt aggrieved by the decision of the Industrial Tribunal number 2994 dated 21st May, 2024, by means of which the Tribunal decided that the applicant did not receive a fair hearing as a consequence of which the fundamental right to natural justice was violated and thus the termination of employment was unfair and was committed in breach of the law. The appellant company is aggrieved since: 

1. The Decision is not well motivated because there is no link between the considerations and the decide; 

2. The Tribunal’s findings are erroneous both in fact and in law; 

3. The decision is extra petita and also exceeds the competence of the same Tribunal.

Therefore, the appellant company requests this Honourable Court to cancel, revoke and cancel the mentioned Decision whilst upholding this appeal and the submitted grounds of appeal, in such a manner as to confirm that the decision which led to the termination of the employment was just and according to law.

Application of Appeal No 188/24 in the names Michael Cacciattolo (ID 88060M) vs OZO Services Limited (C94420) is deferred to Wednesday, 23rd October, 2024, at 9.20 a.m.

Notification: 13, Block 1, Flat 2, Triq San Ġwann, Valletta

DR FRANCO BONDIN, LLD, M. JUR. 

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal, Inferior Jurisdiction, on the 8th August, 2024, in the records of the Application number 246/2017 in the names Jason Galea vs Silvio Borg, the following publication was ordered for the purpose of effecting service on Jason Galea in terms of section 187 (3) et sequitur of Cap. 12.

In virtue of Appeal Application number 246/2017 filed on the 1st July, 2024, the appellant Silvio Borg (ID 466565M) felt aggrieved by the judgment of the Court of Magistrates (Malta) decided on the 10th June 2024 on the basis of the facts that: 

1. No amount is due by the appellant; 

2. The position of the claimant is contradictory and not credible; 

3. The Honourable Court of First Instance in its decision went beyond what was requested in the original application, thus the judgment is null.

Therefore, the appellant is asking this Honourable Court to cancel and revoke this decision dated 10th June, 2024, in the premised names and instead decide the cause by dismissing the plaintiff's demands and upholding the pleas of the defendant appellant. With costs of both instances against the respondent.

Application of Appeal number 246/2017 in the names Jason Galea vs Silvio Borg has been deferred to the 30th October, 2024, at 11.20  a.m.

Notification: Jason Galea, 9, Bienvenidos, Triq il-Bizzilla, Ħal Għaxaq

DR FRANCO BONDIN, LLD, M. JUR. 

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Constitutional Court, on the 17th September, 2024, in the records of the Application number 62/2023 in the names Philip Caruana (ID 856838M) and Catherine Caruana (ID 0056446M) vs Notary Dr Carmel Martinelli (ID587157M) and the State Advocate, the following publication was ordered for the purpose of effecting service on Dr Carmel Martinelli in terms of section 187 (3) et sequitur of Cap. 12.

In virtue of Constitutional Appeal Application number 62/2023 filed on the 28th May, 2024, the appellants Philip Caruana and Catherine Caruana felt aggrieved by the judgment of the 8th May, 2024, delivered by the Honourable First Court in that although it upheld some of the plaintiffs’ claims, these claims were upheld limitedly up to the quotas that the applicants owned. Furthermore, the Honourable First Court abstained from taking cognizance of the third claim and considered that the applicants have an effective remedy before the Rent Regulation Board. These grievances are clear and manifest because: 

1. by means of the deed of partition mentioned in the application of appeal there were divided between the parties not only the properties, but all the rights and obligations relative to these properties;

2. The Honourable First Court did not follow the jurisprudential precepts enunciated by the European Court of Human Fundamental Rights, and by this Constitutional Court and liquidated an amount which does not reflect the appellants’ actual loss; 

3. The argument that the appellants took years to bring their action, with prescription not being applicable, and to ask for compensation for violation of their rights does not hold water; 

4. The First Court erred in abstaining from taking cognizance of the third claim.

Therefore, the appellants are asking this Honourable Constitutional Court to reform the judgment delivered by the First Hall Civil Court (Constitutional jurisdiction), in the cause in the names premised, by confirming it in so far as it dismissed the pleas of the respondent State Advocate and the respondent Martinelli, and to confirm it also where it upheld the plaintiff's demands, in such a manner as to alter it as regards the liquidation of damages besides pecuniary damages and should therefore condemn the same State Advocate to pay this amount so liquidated and it should order that the respondent does not have the right to continue to rely on the laws in question. 

With costs of both instances against the respondent State Advocate.

Constitutional Appeal Application number 62/2023 in the names Philip Caruana and Catherine Caruana vs Notary Dr Carmel Martinelli (ID 587157M) and the State Advocate has been postponed for hearing to the 4th November, 2024, at 8.35  a.m.

Notification: Notary Dr Carmel Martinelli, 21, St Anthony Street, Ħaż-Żebbuġ

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 30th July, 2024, in the records of the Application Number 25/2024 in the names Louise-Marie Siracusa née Muscat Doublesin (ID 443679M) vs Juan Pablo Siracusa (ID 288878M)) the following publication was ordered for the purpose of effecting service on the said Juan Pablo Siracusa, in terms of section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas the marriage between the parties celebrated on the 3rd November, 2007, was declared null by a judgment delivered by the Metropolitan Tribunal of Malta on the 28th November, 2023, which Tribunal rendered it executable by means of a decree of executability dated the 10th January, 2024.

Therefore, the applicant respectfully requests this Honourable Court to declare that the judgment aforementioned of the 28th November, 2023, should be recognised as if it were a judgment delivered by a Maltese Court and which has become res judicata; order the registration of the decision of nullity of her marriage with the respondent above indicated, given as mentioned by the Metropolitan Tribunal of Malta and according to Cap. 255 of the Laws of Malta and to give every appropriate and opportune provision that this Court deems fit.

Notification: Juan Pablo Siracusa, 86, Nova, Triq il-Karmelitani, Santa Venera SVR 1724

DR FRANCO BONDIN, LLD, M. JUR. 

For the Registrar, Civil Courts and Tribunals 

By means of a decree delivered, by the Constitutional Court, on the 13th May, 2024, in the records of the Application Number 320/2022 in the names Etienne Cachia (ID 494876M) and Josephine Cachia (ID 169527M) vs The State Advocate and The Federazzjoni Klabbs tal-Boċċi (VO/1921), the following publication was ordered for the purpose of effecting service on the Federazzjoni Klabbs tal-Boċċi in terms of section 187(3) et sequitur of Cap. 12.

In virtue of Constitutional Appeal Application filed on the 18th March, 2024, the appellants Etienne Cachia and Josephine Cachia were aggrieved by the judgment of the First Hall Civil Court (Constitutional jurisdiction) dated the 28th February, 2024, on two grounds: 

1. As regards the amount liquidated by the Court of First Instance in the third part of the judgment; and 

2. As regards the eviction of the respondent Federation and/or a declaration that the respondent can no longer make use of the law.

Therefore, the appellants request this Honourable Constitutional Court to reform the judgment given by the First Hall Civil Court (Constitutional jurisdiction) dated the 28th February, 2024, in the cause in the names premised, and this by confirming it in so far as it declared a violation of the First Article of the First Protocol of the European Convention, and confirming it also where it upheld the plaintiffs’ claims, and reforming it in so far as it dismissed the second claim by the plaintiff and in so far as it liquidated the damages pecuniary and non-pecuniary and instead decide the cause by liquidating the compensation that is damages both pecuniary and non-pecuniary in the amount of €83,384 and/or other proper sum as well as to uphold the second claim by the plaintiff and declare that the respondent Federation can no longer make use of the law and/or order the eviction of the respondent from the premises. 

With the costs of both instances against the respondents.

Constitutional Appeal Application number 320/2022 in the names Etienne Cachia (ID 494876M) and Josephine Cachia (ID 169527M) vs the State Advocate and the Federazzjoni Klabbs tal-Boċċi is deferred to the 4th November, 2024, at 9.30  a.m.

Notification: Federazzjoni Klabbs tal-Boċċi, 140, Sisters Street, Ħal Tarxien

DR FRANCO BONDIN, LLD, M. JUR. 

For the Registrar, Civil Courts and Tribunals

By a decree given on the 27th September, 2024, 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 the application filed in the Civil Court First Hall on the 12th June 2024 by 35°14° Capital SCC plc with registration number C105417 acting on behalf of Cell Couros, Judicial Sale file number 37/24 in the names 35°14° Capital SCC plc C105417 vs Carlos Aquilina (ID 500498M) being asked that the Court orders the sale by auction of:

The apartment internally marked number one (1) which forms part from a building block consisting of two (2) semi basement garages, maisonette, two (2) apartments and washrooms, which block is numbered eighty-five (85) in Triq il-Karmnu (Carmel Street) corner with Triq Titu Brandsma, Fgura.

The said tenement is the property of Carlos Aquilina (ID 500498M). 

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Executive Officer of the Court of Magistrates (Gozo)

It is hereby notified that by a decree given on the 19th of September, 2024, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below in terms of article 931 (3) of the Code of Organisation and Civil Procedure.

By decree given on the 19th of September, 2024, it was ordered that a deputy curator be chosen according to the law to represent the unknown persons entitled to receive the ground rent indicated below, in the acts of the schedule of deposit and redemption of ground rent, which schedule of deposit bears the number 331/2024 in the names ‘Alex Cassar et vs Deputy Curator according to the law to represent the unknown persons entitled to receive the ground rent indicated below, in the same schedule of deposit filed on the 11th of September, 2024, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, and in all other relative and subsequent acts.

The immovable properties object of this schedule of deposit are:

Whereas, in the first place, applicants Alex and Teresina spouse Cassar are owners of the following:

1. A portion of land known as 'Iċ-Ċens' sive 'Ta' Għajn Ħożna’, in Triq ta Gorg, within the limits of Xagħra, Gozo, measuring circa one hundred and seventeen square metres (117m2) but with all the area it comprises and including that portion indicated by the letter ‘E’ and as outlined on the plan and the site plan attached to the schedule of deposit and marked as Doc. ‘A’. Which portion of land is bounded on the west by property of the heirs of Peter Paul Tabone, on the east by property of Angela Grech and on the north by property of the heirs of Carmelo Sultana or truer or more correct boundaries. The same portion of land is subject to the annual and perpetual ground rent of fifty-three cents of the Maltese lira (Lm0.53c) mentioned in the deeds in the records of Notary Dr Francesco Refalo of the second (2nd) of November of the year one thousand nine hundred and fifty (1950) equivalent to one euro and twenty-four euro cents (€1.24) per annum, otherwise free and unencumbered from any other ground rent or burden. Which property the same Alex Cassar and Teresina Cassar acquired in virtue of a deed drawn up in the records of Notary Dr Maria Grima dated sixth (6th) of September, 2017.

2. A portion land known as ‘Iċ-Ċens’ sive ‘Ta’ Għajn Ħonża’, in Triq Ta’ Gorg, within the limits of Xagħra, Gozo, measuring approximately one hundred and seventeen square metre (117m2) but with all its area and including that portion indicated by the letter ‘F’ and as it is marked on the plan and the site plan attached to the schedule of deposit and marked as Doc. ‘A’. Which portion is bordered from the east by property of Antonia Kiss, from the west by property of Carmelo Tabone and from the north by property of the heirs of Carmelo Sultana or true or more correct boundaries. The same portion of land is subject to the annual and perpetual ground rent of fifty three cents of the Maltese lira (Lm0.53c) mentioned in the deeds in the acts of the Notary Dr Francesco Refalo of the second (2nd) of November of the year one thousand nine hundred and fifty (1950) equivalent to one euro and twenty-four cents of the euro (€1.24) per annum, otherwise free and unencumbered from any other ground rent or burden, which property the same Alex Cassar and Teresina Cassar acquired by virtue of a deed drawn up in the acts of the Notary Dr Maria Grima dated sixth (6th) of September, 2017.

3. A portion of land known as ‘Iċ-Ċens’ sive ‘Ta’ Għajn Ħożna’, in Triq Ta’ Gorg, within the limits of Xagħra, Gozo, measuring circa one hundred and seventeen square metre (117m2) but with all the area it has, and including that portion indicated by the letter ‘D’ and as it is marked on the plan and site plan attached to the schedule of deposit and marked as Doc. ‘A’. Which portion of land is bordered from the east by property of Carmelo Tabone, from the west by property of Maria Saliba and from the north by property of the heirs of Carmelo Sultana or true or more correct boundaries. The same portion of land is subject to the annual and perpetual ground rent of fifty three cents of the Maltese lira (Lm0.53c) mentioned in the deeds in the acts of the Notary Dr Francesco Refalo of the second (2nd) of November of the year one thousand nine hundred and fifty (1950) equivalent to one euro and twenty-four cents of the euro (€1.24) each year, otherwise free and unencumbered from any other ground rent or burden, which property the said Alex Cassar and Teresina Cassar acquired by virtue of a deed drawn up in the acts of the Notary Dr Maria Grima dated sixth (6th) of September, 2017.

4. A portion of the land known as 'Iċ-Ċens' sive 'Ta' Għajn Ħożna’, in Triq Ta’ Gorg, within the limits of Xagħra, Gozo, measuring approximately one hundred and seventeen square metres (117m2) but with all its area as indicated by the letter ‘G’ and as marked on the plan and the site plan attached to the schedule of deposit and marked as Doc. ‘A’. Which portion of land is bordering from the north with property of the heirs of Carmelo Sultana, from the east with a cliff, and from the west today with property of Alex Cassar and Teresina Cassar or true or more correct boundaries. The same portion of land is subject to the annual and perpetual ground rent of fifty three cents of the Maltese lira (Lm0.53c) mentioned in the deeds in the acts of the Notary Dr Francesco Refalo of the second (2nd) of November of the year one thousand nine hundred and fifty (1950) equivalent to one euro and twenty-four cents of the euro (€1.24) per annum, otherwise free and unencumbered from any other ground rent or burden. Which property the same Alex Cassar and Teresina Cassar acquired by virtue of a deed drawn up in the acts of the Notary Dr Maria Grima dated eighth (8th) of September, 2017.

That these properties were acquired by the applicants as indicated above;

That the applicants wish to redeem this ground rent in its entirety and that is why this application is being presented, and they do not know to whom this ground rent is supposed to be paid;

That the amount of the ground rent levied on each portion is fifty-three cents of the Maltese lira (Lm0.53c) mentioned in the deeds in the acts of the Notary Dr Francesco Refalo of the second (2nd) of November of the year one thousand nine hundred and fifty (1950) equivalent to one euro and twenty-four euro cents (€1.24) per annum burdening each of the portions of land listed above. Thus, the total amount on all the indicated properties of each year amounts to four euro and ninety-six cents (€4.96);

That in the first place, the applicants for all good intents also néed to deposit the arrears of the last five years’ ground rent on all the above indicated properties and this therefore amounts to twenty-four euro and eighty cents (€24.80);

That in the second place, the applicants wish to avail themselves from the faculty provided by the Law and in terms of Article 1501 of the Cap. XVI of the Laws of Malta and redeem this ground rent (including the aforementioned land portions) in its entirety which capitalized at the rate of five percent (5%) amounts to ninety-nine euro and twenty cents (€99.20).

Therefore, the applicants are humbly submitting to this Honourable Court and under the authority they proceed to deposit the total sum of one hundred and twenty-four euro (€124), from which amount the sum of twenty-four euro and eighty cents (€24.80) representing the arrears and the sum of ninety-nine euro and twenty cents (€99.20) representing the redemption price of this sum (due on all land portions above indicated) annual and perpetual ground rent in order to be given freely to the respondent/s after due receipt is tendered according to law.

Whereas, in the second place, applicants Andrew and Charmaine spouse Custò are owners of the following:

The divided portion of land known as ‘Ta’ Ġorf’, sive ‘Iċ-Ċens’ sive ‘Ta’ Kazzol’, within the limits of Xagħra, Gozo, measuring circa one hundred and seventeen decimal point five zero square metres (117.50 m2) and that portion indicated by the letter ‘B’ and as it is marked on the plan and the site plan attached to the schedule of deposit and marked as Doc. ‘A’. Which portion of land is bounded from the east by property of Alex and Teresina spouse Cassar (mentioned above), from the south partly by property of the Sultana Family and partly by property of the Sultana family, from the west by property of the Sultana family or truer or more correct boundaries. The same portion of land is subject to the annual and perpetual ground rent of fifty three cents of the Maltese lira (Lm0.53c) mentioned in the deeds in the acts of the Notary Dr Francesco Refalo of the second (2nd) of November of the year one thousand nine hundred and fifty (1950) equivalent to one euro and twenty-four cents of the euro (€1.24) per annum, otherwise free and unencumbered and free from any other ground rent or burden. Which property the same Andrew and Charmaine spouse Custò acquired in part by virtue of a deed drawn up in the acts of the Notary Dr Maria Grima dated the twenty third (23rd) of September of the year two thousand and twenty one (2021) and in part by virtue of a deed drawn up in the acts of the same Notary and dated thirtieth (30th) of June of the year two thousand and twenty one (2021).

That this property was acquired by the applicants as indicated above;

That the applicants wish to redeem this ground rent in its entirety and that is why this application is being presented, and they do not know to whom this ground rent is supposed to be paid;

That the amount of the ground rent burdening the aforementioned portion of land is that of fifty-three cents of the Maltese lira (Lm0.53c) mentioned in the deeds in the acts of the Notary Dr Francesco Refalo of the second (2nd) of November of the year one thousand nine hundred and fifty (1950) equivalent to one euro and twenty-four cents of the euro (€1.24) per annum;

That in the first place, the applicants for all good intents also néed to deposit the arrears of the last five years' ground rent on all the above indicated properties and this therefore amounts to six euro and twenty cents (€6.20);

That in the second place, the applicants wish to avail themselves from the faculty provided by the law and in terms of Article 1501 of the Cap. XVI of the Laws of Malta and redeem this ground rent (including the aforementioned portions of land) in its entirety which capitalized at the rate of five percent (5%) amounts to twenty- four euro and eighty cents (€24.80);

Therefore, the applicants are humbly submitting to this Honourable Court and under the authority of the same proceed to deposit the total sum of thirty-one euro (€31.00), from which amount the sum of six euro twenty cents (€6.20) represents the arrears and the sum of twenty-four euro and eighty cents (€24.80) represents the redemption price of this ground rent (burthening all the portions of land above indicated) annual and perpetual ground rent in order to be given freely to the respondent/s after due receipt is tendered according to law.

In third place, applicants Joseph Sultana, Marija Xuereb, and Antonia Pace are owners of the following:

The portion of land known as ‘Ta’ Ġorf’, sive ‘Iċ-Ċens’ sive ‘Ta' Kazzol’, in limits of Xagħra, Gozo, measuring approximately one hundred and seventeen decimal point five zero square metres (117.50 m2) and including that portion indicated by the letter ‘B’ and as marked on the plan and the site plan attached to the schedule of deposit and marked as Doc. ‘A’. Which portion of land is bordered from the west and from the south with other properties of Joseph, Marija Xuereb and Antonia Pace, siblings Sultana, and from the east with property of the successors in title of Salvinu Saliba or true and more correct boundaries. The same portion of land is subject to the annual and perpetual ground rent of fifty-three cents of the Maltese lira (Lm0.53c) mentioned in the deeds in the acts of the Notary Dr Francesco Refalo of the second (2nd) of November of the year one thousand nine hundred and fifty (1950) equivalent to one euro and twenty-four cents of the euro (€1.24) per annum, otherwise free and unencumbered and free from any other ground rent or burden. Which property the same Joseph Sultana, Marija Xuereb, and Antonia Pace acquired by virtue of a deed drawn up in the acts of the Notary Dr Maria Grima dated sixteen (16th) of October of the year two thousand and nineteen (2019).

The portion of land known as ‘Ta’ Ġorf’, sive ‘Iċ-Ċens’ sive ‘Ta' Kazzol’, within the limits of Xagħra, Gozo, measuring approximately two hundred and thirty-four metres square (234m2) and that portion indicated by the letter ‘A’ and as it is marked on the plan and the site plan attached to the schedule of deposit and marked as Doc. ‘A’. Which portion of land is bounded from the east in part by other property of Joseph, Marija Xuereb and Antonia Pace, siblings Sultana, and in part by property of the Sultana family, north in part by other property of Joseph, Marija Xuereb and Antonia Pace, siblings Sultana in part with property of spouses Andrew and Charmaine Custò and in part with property of third parties and from the west with property of unknown third parties or true or more correct boundaries. The same portion of land is subject to the annual and perpetual ground rent of one Lira and six cents of the Maltese lira (Lm1.06c) mentioned in the deeds in the acts of the Notary Dr Francesco Refalo of the second (2nd) of November of the year one thousand nine hundred and fifty (1950) equivalent to two euro and forty seven euro cents (€2.47) per annum, otherwise free and unencumbered and free from any other ground rent or burden. Which property the same Joseph Sultana, Marija Xuereb, and Antonia Pace acquired from the inheritance and succession of Maria Sultana née Buttigieg.

That these properties were acquired by the applicants as indicated above;

That the applicants wish to redeem this ground rent in its entirety and that is why this application is being presented, and they do not know to whom this ground rent is supposed to be paid;

That the amount of the ground rent burdening both portions in a comprehensive way according to the deeds in the acts of the Notary Dr Francesco Refalo of the second (2nd) of November of the year one thousand nine hundred and fifty (1950) for the total of one Lira and fifty-nine cents (Lm1.59c) equivalent to three euro and seventy-one euro cents (€3.71) per annum levied on all the indicated properties;

That in the first place, the applicants for all good intents also néed to deposit the arrears of the last five years' ground rent on all the above indicated properties and this therefore amounts to eighteen euro and fifty-five cents (€18.55) ;

That in the second place, the applicants wish to avail themselves from the faculty provided by the law and in terms of Article 1501 of the Cap. XVI of the Laws of Malta and redeem this ground rent (including the aforementioned portions of land) in its entirety which capitalized at the rate of five percent (5%) amounts to forty- seven euro and twenty cents (€47.20);

Accordingly, the applicants are humbly submitting to this Honourable Court and under the authority of the same proceed to deposit the total sum of ninety-two euro and seventy-five cents (€92.75), from which amount eighteen euro and fifty-five cents (€18.55) represent the arrears and the sum of forty-seven euro and twenty cents (€47.20) represent the redemption price of this ground rent (burthening all the land portions above indicated) yearly and perpetually to be given freely to the respondent/s after due receipt is tendered according to law.

Whereas in the last insance, wherefore:

i)  Tthe applicants Alex and Teresina spouses Cassar humbly submit to this Honourable Court and under the authority of the same proceed to deposit the total sum of one hundred and twenty-four euro (€124), out of which amount the sum of twenty-four euro and eighty cents (€24.80) represents the arrears and the sum of ninety-nine euro and twenty cents (€99.20) represents the redemption price of this ground rent;

ii) The applicants Andrew and Charmaine spouses Custò are humbly submit to this Honourable Court and under the authority of the same proceed to deposit the total sum of thirty-one euro (€31.00), from which amount the sum of six euro and twenty cents (€6.20) representing the arrears and the sum of twenty-four euro and eighty cents (€24.80) represents the redemption price of this ground rent;

iii) The applicants Joseph Sultana, Marija Xuereb, and Antonia Pace humbly submit to this Honourable Court and under the authority of the same proceed to deposit the total sum of ninety-two euro and seventy-five cents (€92.75), from which amount the sum of eighteen euro and fifty-five cents (€18.55) represents the arrears and the sum of forty-seven euro and twenty cents (€47.20) represents the price of the redemption of this ground rent (encumbering all the portions of land above indicated) annual and perpetual ground rent in order to be given freely to the respondent/s after due receipt is tendered according to law.

You, executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of this notice at the entrance of this Court and thereby summon anyone who wants to enter as a curator to appear within a period of six (6) days in this Registry and make a note declaring that they so accept.

You are also ordered to inform one and all that if they do not make this declaration within the time given above, this Court will proceed to choose a curator of the office. And after you have done this, or if you encounter any obstacle in the execution of this order, you should inform this Court.

Issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, mentioned above, with the testimony of Magistrate Dr Brigitte Sultana LLD, LL.M. (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the aforementioned Court.

MARGARET DE BATTISTA

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 1st October, 2024, in the records of the judicial letter number 3898/2024, in the names Emanuela Nagiah vs Talisa Nappa Licari et, ordered the following publication for the purpose of effecting service on the respondent Talisa Nappa Licari, in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Talisa Nappa Licari (ID 0551489M) of 47, Triq il-Karmnu, Fgura FGR 2103

By means of this present, Emanuela Nagiah (ID 265866M) of 18, Nagiah Court, Flat 3, Triq il-25 ta’ Marzu, Ħal Tarxien, whislt making reference to the car accident which occurred on the 21st May, 2021, in Triq Mahatma Gandhi, in Fgura and and in which incident the vehicle with registration number FBX881 (Toyota Vitz)driven by Talisa Nappa Licari was involved and which according to the report issued by the police at the time of the accident was insured with Mapfre Middlesea plc which accident occurred solely due to the fault of the same Talisa Nappa Licari due to negligence, carlessness, , incompetence, eccessive velocity and failure to observe the traffic regulations, as a consequence of which accident the interpellant suffered grievous injuries so much so that she was even in danger of dying, solicits you so that within a week from today you come forward for the liquidation and payment of damages suffered by the same Emanuela Nagiah.

In default of complying with the solicitation above made within the time above given the interpellant shall be proceeding judicially against you without any other prior notice.

This calling is being made for all intents and purposes of law including for the purpose of interrupting prescription.

So much so that you may know how to proceed.

With interest and costs and reserving any further action at law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Executive Officer of the Court of Magistrates (Gozo)

It is hereby notified that by a decree given on the 19th of September, 2024, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below in terms of article 931 (3) of the Code of Organisation and Civil Procedure.

By decree given on 19 September, 2024, it was ordered that a deputy curator be chosen according to the law to represent the unknown persons entitled to receive the sub-cens indicated below, in the acts of the deposit slip and trust of census, which slip bears the number 325/2024 in the names ‘Laura Bigeni et vs Deputy Curator according to the law to represent the unknown persons entitled to receive the sub-census indicated below, in the same cedola presented on 11th September, 2024, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, and in all other relative and subsequent acts.

The immovable property object of this schedule of deposit is:

A divided part of the property at number 38, denominated ‘Darnik’ in Triq Santa Eliżabetta, Xewkija, Gozo, measuring approximately 215 square meters and bordering west with the said street, south with another divided part of the same immovable and property of Luke Bigeni and north with property of John Pace, with its airspace and subsoil, as shown coloured in red and with the letter ‘A’ on the plan and site-plan attached to the schedule of deposit – property of the applicant Laura Bigeni;

Another divided part of the same property at number 38 and denominated ‘Darnik’ in Triq Santa Eliżabetta, Xewkija, Gozo, measuring circa 218 square meters and bordering west with the said street, north with another divided part of the immovable mentioned above, and south with property of the Bigeni family, with its airspace and subsoil, as shown coloured in red and with the letter ‘B’ on the plan and site-plan attached to the schedule of deposit – property of the applicant Luke Bigeni;

This property is subject to an annual and perpetual ground rent of €12.27c which capitalized at the rate of 5% amounts to €245.40c.

In addition, the same property is also subject to an annual and perpetual sub ground rent of €6.13c which capitalized at the rate of 5% amounts to €122.60c.

That this sub ground rent is payable to the heirs of Nicholas Pace, that is to third parties who are unknown to the applicants;

That the applicants wish to avail themselves of the provisions of article 1501 et seq of Cap. 16 of the laws of Malta, and thus redeem this annual and perpetual ground rent and sub ground rent.

Also, for all good intents, the applicants are also depositing all the arrears of ground rent and sub ground rent due for the last five years and therefore they are also depositing the amount of €92.

Therefore, the applicants are having recourse to this Honourable Court and under its authority they are depositing the total amount of €460 which covers of ground rent and sub ground rent and arrears of ground rent and sub ground rent as explained above, which global amount can be freely withdrawn by whoever is entitled to it, and this after tendering due receipt.

You, executive officer of the Court of Magistrates (Gozo), are therefore ordered to affix an official copy of this notice at the entrance of this Court and thereby summon anyone who wants to enter as a curator to appear within a period of six (6) days in this Registry and make a note declaring that they so accept.

You are also ordered to inform one and all that if they do not make this declaration within the time given above, this Court will proceed to choose a curator of the office. And after you have done this, or if you encounter any obstacle in the execution of this order, you should inform this Court.

Issued by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, mentioned above, with the testimony of Magistrate Dr Brigitte Sultana, LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the aforementioned Court.

MARGARET DE BATTISTA

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

Banns for Curators

Republic of Malta

To the Executive Officer of the Court of Magistrates (Gozo)

It is hereby notified that by a decree given on 23rd of September, 2024, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below and this in terms of article 931 (3) of the Code of Organisation and Civil Procedure.

By a decree given on 23rd of September, 2024, it was ordered that a deputy curator be chosen according to the law to represent the absent Thomas Kossi Aklassou (French identity card number 180675S50133) in the acts of the judicial letter bearing number 509/2024 in names ‘Ingeburg Gabriele Ute Beerbaum versus Mapfre Middlesea p.l.c. et’ filed on the 16th of August, 2024, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, and in all other relative and subsequent acts. Through this official letter the sender is formally asking the respondents to come forward within three days from notification of said letter for the liquidation and payment of damages and losses suffered by her as a consequence of the traffic accident that occurred on the 27th of January, 2024, in Triq il-Kunċizzjoni, Qala, Gozo.

You are therefore ordered to affix an official copy of this notice at the entrance of this Court and hereby summon anyone who wants to enter as curator to appear within six (6) days in this Registry and file a note in this regard.

You are also ordered to inform one and all that if they do not make such declaration within the time given above, this Court will proceed to choose a curator of the office. And after you have done this, or if you encounter any obstacle in the execution of this order, you should inform this Court.

Given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, mentioned above with the testimony of the Magistrate Dr Brigitte Sultana, LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., Magistrate of the aforementioned Court.

This, 23rd of September, 2024

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 12th September, 2024, in the records of Sworn Application number 751/2024MS, which was filed on the 4th June, 2024, in the names: La Mode Company Limited vs Goudima Sophie, the following publication was ordered, in terms of Article 187 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 to carry out the remedial works at the expense of the respondent. With all costs against the respondent who is summoned so that a reference to her evidence be made.

The Sworn Application in the names mentioned above is postponed to 11th October, 2024, at 9.00 a.m.

Notify Respondent: Goudima Sophie, 198/2, Triq ir-Repubblika, 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 19th September 2024, in the records of the Warrant of Prohibitory Injunction number 1471/2024/1RGM, which was filed on the 6th September, 2024, in the names: Magri David vs Marguerat Grech Ruth, the following publication was ordered, in terms of Article 187 et sequitur  of Cap.12 for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: This Honourable Court orders the issuing of the Warrant of Prohibitory Injunction against the respondent. With costs against the respondent.

The Warrant of Prohibitory Injunction in the names mentioned above is adjourned for hearing on the 15th October, 2024, at 12.00 p.m.

Notify Respondent: Marguerat Grech Ruth, 50, Elisa, Flat 1, Triq is-Sajjieda, Għadira, Mellieħa

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 4th April 2024, in the records of Sworn Application number 5/2024TA, which was filed on the 5th January 2024 in the names: Sciortino Ruben Alister James Architect vs Fenech Rodrick, the following publication was ordered, in terms of Article 187 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 to pay the applicant the sum of forty two thousand and five hundred euro (€42,500). With all costs and legal interest 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 16th October, 2024, at 9.30 a.m.

Notify Respondent: Fenech Rodrick, Dar ir-Redentur, Plot 14, Triq Salvu Gatt, Taż-Żwejt, San Ġwann

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

For the Registrar, Civil Courts and Tribunals

DKR 351/2007 – CANCELLATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 23rd May, 2024, given by the Court of Criminal Appeal – (Hon. Judge Dr Edwina Grima LL.D) following an application filed by Jeffrey Pappalardo on the 16th May, 2024, and following the execution of judgement given by the same Court on the 22nd April, 2014, Appeal number 95/2013, in the case in the names:

The Police 

(Inspector Dennis Theuma)

Versus

JEFFREY PAPPALARDO, 42 years, son of Giovanni and Mary Anne née Spiteri, born in Tal-Pietà, Malta, on the 14th June, 1982, residing at Block B, Flat 4, Tal-Ħawli Estate, Vittoriosa, Malta, and holder of Maltese identity card bearing number 329182M.

The Court ORDERED THE CANCELLATION of the freezing order of all the assets of the said Jeffrey Pappalardo, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry on the 2nd October, 2007, and published in the Government Gazette of the 12th October, 2007.

This order is being published in terms of Article 23A of Cap. 9 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Tribunals

It is hereby notified that by means of an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 27th of September, 2024 (Application number 85/2024) by Carmen Galea, the opening of the succession was requested of Simon Galea, son of the late Carmelo Galea and Rosaria Galea née Gauci, born at Ħ’Attard, Malta, on the 10th of July, 1969, and died at Victoria, Gozo, on the 5th of October, 2023 (ID 271669M), which opening of succession is to be made in favour of his wife Carmen Galea (ID 385569M) as for half (1/2) of his wealth and in favour of his son Andrea Galea as for the other half (1/2), 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)

By a decree of the 9th of September, 2024, given by the Courts of Magistrates (Malta), 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 the application filed by Claire Grech on the 11th of April, 2024, is asking for the withdrawal of the amount of two hundred euro and thirty-seven cents (€237) deposited by the Schedule of Deposit number 2420/2023 in the names of:

Claire Grech vs Jake Gauci

The Court ordered the notification with (7) days to reply.

MARVIC FARRUGIA

For Registrar of Courts and Civil Tribunals

By means of a decree given by the Civil Court, First Hall, on the 16th May 2024, in the records of the Sworn Application number 110/2024AB, which was filed on the 5th February, 2024, in the names: Mercieca Nazzareno sive Reno vs Vella Charlotte, 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 the applicant be considered as the sole buyer in the promise of sale agreement indicated. With all costs against the defendant who is summoned so that a reference to her evidence be made.

The Sworn Application in the names mentioned above is postponed to 10th October, 2024, at 9.00 a.m.

Notify Respondent: Vella Charlotte, Flat 2, Altona Court, Triq il-Fortizza tal-Grazzja, Xgħajra

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

For the Registrar, Civil Courts and Tribunals

ARB/C075/2024 – 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 Noel Bartolo, LLD). Compilation Number 624/2024, in the case:

The Police

(Inspector Jonathan Cassar)

Versus

FERDINAND ONOVO, construction worker, 44 years, son of the late Jude Onovo and Victoria Onovo née Amaechi, born in Nigeria on the 24th August, 1980, and residing at Flat 1, Entrance B, Binja Tas-Sgħajtar, Triq Ta’ Mezzi, Naxxar, and holder of Nigerian passport bearing number A1424410 and Maltese identity card bearing number 22962A.

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 FERDINAND ONOVO 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 Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta, and Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

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

Banns for Curators

Republic of Malta

To the Executive Officer of the Court of Magistrates (Gozo)

It is hereby notified that by a decree given on the 26th of September, 2024, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below so that for every intent and purpose of the law serves as a notification according to article 931 et sequitur of the Code of Organisation and Civil Procedure.

By a decree given on the 26th of September, 2024, it was ordered that a deputy curator be chosen according to the law to represent the expatriates and or the the successors in title of John sive Ġanni Bugeja, Joseph Micallef, Saviour Bugeja in the acts of the sworn application in terms of article 495A of the Civil Code, bearing number 87/2024 SG in names ‘Joyce Sultana et vs Deputy Curators in order to represent the expatriates and or the successors in title of John sive Ġanni Bugeja, Joseph Micallef, Saviour Bugeja’ which sworn application was presented on the 23rd of September, 2024, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, and in all other relative and subsequent acts. In the aforementioned sworn application in terms of article 495A of the Civil Code, the approval and sale of property number twelve (12) in alley number one (1) in Triq il-Knisja, Xewkija, Gozo, is being requested.

You are therefore ordered to affix an official copy of this notice at the entrance of this Court and hereby summon anyone who wants to enter as curator to appear within six (6) days in this Registry and makes a note in this regard.

You are also ordered to inform one and all that if they do not make this declaration within the time given above, this Court will proceed to choose a curator of the office. And after you have done this, or if you encounter any obstacle in the execution of this order, you are to inform this Court.

Given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, mentioned above with the testimony of the Magistrate Dr Brigitte Sultana, LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the aforementioned Court.

MARGARET DE BATTISTA

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

By a decree of the 26th August, 2024, given by the First Hall of the Civil Courts, 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 the application filed by Ann Marie Zahra (ID 91079M) on the 5th July, 2024, is asking for the withdrawal of thirty nine thousand three hundred and twelve euro seven cents (€39,312.07) deposited by the Schedule of Deposit number 823/2020, 1577/2021, 1824/2022, 2578/2023 and 2616/2023 in the names of:

Margaret Zahra (ID 252451M) vs Anne Marie Zahra (ID 91079M)

The Court ordered the notification to the counterparty with one week to reply.

MARVIC FARRUGIA

For Registrar of Courts and Civil Tribunals

By a decree of the 24th September, 2024 given by the First Hall of the Civil Courts, ordered that the extract hereunder mentioned be published for the purpose of service according to article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).

That by the application filed by Agius Stone Works Limited (C9202) on 25th January, 2024, is asking for the withdrawal of the amount of thirty four thousand two hundred and ninety one euro and fifty eight cents (€34,291.58) deposited by Schedule of Deposit number 70/2024: 

In the acts of Garnishee Order number 218/2020 in the names:

Agius Stone Works Limited (C9202) vs Max Home Services Limited (C50194) 

and

In the acts of Garnishee Order number 290/2021 in the names:

Julian Zammit Tabona (ID 661759M) as a special mandatory and as a representive of Arrigo Caterers Limited (C8231), Seatrans Shipping Limited (C8380), Nigel Thomas Jenkins (ID 48918A), Anthony Camilleri (ID 238450M), Antonio Ganado (ID 682037M), Edward Zammit Tabona (ID 500588M), Rebecca Licari (ID 402084M) and George Attard (ID 1028845M) vs Max Home Services Limited (C50194) u Emanuel Saliba (ID 17162M).

The Court ordered the notification to Max Homes Services Limited and Julian Zammit Tabona with two weeks to reply.

MARVIC FARRUGIA

For Registrar of Courts and Civil Tribunals

It is hereby notified that by virtue a decree issued on the 30th of August, 2024, given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the acts of application in terms of article 495A of the Civil Code, bearing number 23/2024 (BS) in the names ‘Nathalie Attard proprio et nomoine et versus Anthony Mizzi et’ filed in the Registry in the said Court on the 11th of April, 2024, the publication of the extract reproduced below was ordered and this in order to serve as a notification with regard the respondent Emanuel Mizzi having address at ‘Sapphire’, Triq it-Tabib Anton Tabone, Victoria, Gozo, and this in terms of article 187(3) of Cap. 12 of the Laws of Malta.

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

Application number: 23/2024

Application in terms of Article 495A of the Civil Code

1. Nathalie Attard (ID 464G) in her own name and as mandatary of the expatriate:

i. Mary Grima (Australian passport number  5158761), 

ii. Teresa Vollmer (Australian passport number  1406605), 

iii. Bernadette Galea (Australian passport number  2949506), 

iv. John Mizzi (Australian passport number   N4107332),

v. Joanne Noble (Australian passport number  N4921566), 

vi. John Mizzi (Driving licence issued in New York, United States of America Number C4281230), 

vii. Charles Mizzi (United States of America passport number  653924225); 

2. Imelda Mizzi (ID 66957G); 

3. Paul Mizzi (ID 86044G) in his own name and in the name of: 

 i. Eugenio Mizzi (Maltese passport number  1138507); 

4. Darryn Mizzi (ID 389994M) in the name and in representation of his expatriate father Michael Mizzi (Maltese passport number  1100678); 

5. Godfrey Mizzi (ID 0000371G) in his own name and in the name of the expatriates: 

i. Richard Micallef Australian passport number  PA7110695), 

ii. David Micallef (Australian passport number  PA6695243); 

6. Jason Mizzi (ID 0416291M);

7. Simon Mizzi (ID 0128692M); 

8. Paul Mizzi (ID 0046749G) 

9. Joseph Mizzi (ID 62243G); 

10. Miraldine Buttigieg (I D.247068M); 

11. Joseph Mizzi (ID 38256G); 

12. Paul Mizzi (I.d 11362G); 

13. Michelina Calleja (ID 34866G); 

14. Mary Mizzi (ID 52963G); 

15. Jane Refalo (ID 8065G); 

16. Michael Mizzi (ID 23358G); 

17. Cp Partners Limited (C90368) 

18. Josephine Sive Joyce Farrugia (ID 68160G) 

19. George Farrugia (ID 64156G) 

vs 

1. Anthony Mizzi (ID 68255G); 

2. Emanuel Mizzi (ID 67256G); 

3. Michelina Buttigieg (ID 63660G); 

4. Joseph Mizzi (ID 0461773M); 

5. Lawyer Dr Nadine Stivala who by decree dated the 29th of May, 2024, was appointed deputy curator to represent the expatriate Mary Grima holder of Maltese passport number  880988. 

Application by Nathalie Attard ‒ (ID 464G) in her own name and as mandatary of the expatriate: Mary Grima (Australian passport number  5158761), Teresa Vollmer (Australian passport number  1406605), Bernadette Galea (Australian passport number  2949506), John Mizzi (Australian passport number  N4107332), Joanne Noble (Australian passport number  N4921566), John Mizzi (Driving Licence issued New York, United States of America Number C4281230), Charles Mizzi (United States of America passport number  653924225); Paul Mizzi (ID 86044G) in his name and in the name of: Eugenio Mizzi (Maltese passport number  1138507); Darryn Mizzi in the name and representing his expatriate father Michael Mizzi (Maltese passport number  1100678); Godfrey Mizzi (ID 0000371G) in his own name and in the name of the expatriate: Richard Micallef (Australian passport number  PA7110695) and David Micallef (Australian passport number  PA6695243); Jason Mizzi (ID 0416291M); Simon Mizzi (ID 0128692M); Paul Mizzi (ID 0046749G); Imelda Mizzi (ID 66957G); Joseph Mizzi (ID 62243G); Miraldine Buttigieg (ID 247068M); Joseph Mizzi (ID 247068M); Michael Mizzi (ID 23358G); Paul Mizzi (ID 11362G); Michelina Calleja (ID 34866G); Mary Mizzi (ID 52963G); Jane Refalo (ID 8065G); CP Partners Limited (C90368); Josephine sive Joyce Farrugia (ID 68160G); u George Farrugia (ID 64156G).

Respectfully sheweth:

1. That the parties above indicated, except for CP partners Limited and Joyce and George spouses Farrugia, are the co-owners of the premises with address 40, Triq il-Knisja, Għasri, Gozo as better indicated by letter ‘A’ on the plan and site plan attached and marked as document ‘K’ with the promise of sale here attached and marked as ‘Doc. A’ and ‘Doc. B’ and this in the shares indicated in the sworn prospectus attached and marked ‘Doc. E’;

2. That the applicants respectively entered into the promise of sale and ratifications ‘Doc. A’ to ‘Doc. D’ above mentioned in order to sell the premises de quo but are not in a position to sell the whole premises since the defendants refused to sell their share together with the co-owners according to the terms and conditions of the same promise of sale and thus the applicants are availing themselves of Article 495A of Cap. 16 of the Laws of Malta in order to approve the said sale by this Honourable Court;

3. That parties have been in a state of co-ownership in the title of the property de quo for a period exceeding three (3) years since the authors in their title became co-owners for the first time of the premises upon the death of Michael Mizzi on the 18th December,1974, and their shares continued to be inherited by the parties according to the family tree hereby attached and marked as ‘Doc. F’;

4. That the same applicants confirm that there is no lawsuit regarding the partition of the same property pending before any tribunal or competent court of the country. The applicants confirm that the defendant Emanuel Mizzi filed a sworn application in the names Emanuel Mizzi vs Nathalie Attard et. (Sworn Application 70/2022BS) which application was confirmed deserted by the judgement of the Court of Appeal given on the 11th April, 2024;

5. That together with the present application the applicants are bringing forward their declaration according to law that they agree with the sale in terms of the said promise of sale (declaration hereby attached and marked ‘Doc. G’);

6. That the plaintiffs confirm that the price agreed and proposed is fair and appropriate and thus none of the respondent co-owners shall be seriously prejudiced in the event that the Court orders the sale of this property;

7.  thus according to Article 495A of Cap. 16 of the Laws of Malta there exist all the extremes so that this Honourable Court authorises this sale;

8. That the applicants know of these facts personally and thus this case had to be filed.

Thus and in view of the above the applicants humbly request this Honourable Court to:

1. Order the publication of this application in the Government Gazette and in other local newspapers in terms of Article 495A of Cap. 16 of the Laws of Malta;

2. Declares that the price as well as the conditions proposed for the transfer of the applicant’s share in the properties merit of this present application namely the premises with address at number 40, Triq il-Knisja, Għasri, Gozo, is fair and reasonable and that the same price and conditions should apply to the share pertaining to the respondents from these same properties;

3. Approve the proposed sale and authorise the same sale of this premises on all the other terms and conditions stipulated in the promise of sale agreement dated the 17th of May, 2022, as amended and replaced by that of the 17th of May, 2023, according to law and this saving any other provisions and conditions including that in the price this Honourable Court deems fit;

4. Order the publication of the deed of sale which also includes the shares due to the defendants on a date and time and place to be set; and

5. Appoint a notary public to publish the deed of sale with the intervention of deputy curators to represent the eventual defaulters on the same deed.

With costs including those of the Judicial Letter

Advocate Sarah Grech

Advocate Joseph Mizzi

Advocate Carmelo Galea

Advocate Maria Refalo

Advocate Larry Fromosa

This sworn application is deferred for hearing for Wednesday, the 13th of November, 2024, at 8.00 a.m, in the building of the Court of Gozo, Misraħ il-Katidral, Victoria, Gozo, before the Magistrate Dr Brigitte Sultana.

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 17th June, 2024, in the records of Sworn Application number 1394/2023MS, which was filed on the 7th December, 2023, in the names: Tonna Jesmond vs Galdes & Mamo Limited noe et, 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: Grant it the necessary authorisation to proceed to enforcement of the said enforcement order.

Notify Respondent: Tonna Jesmond, Atheneum, Triq il-Qanneb, San Ġwann

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 26th June, 2024, in the records of the Sworn Application number 564/2024TA, which was filed on the 21st May, 2024, in the names: Farrugia Lawrence sive Lorry vs Farrugia Stephanie 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: Consequently provides for a short and peremptory period for her to be evicted. With costs against the respondent who is summoned so that a reference to her evidence be made.

The Sworn Application in the names mentioned above is postponed to 21st October, 2024, at 9.30 a.m.

Notify Respondent: Farrugia Stephanie, 4, Sharon, Triq Esperanto, Msida

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

For the Registrar, Civil Courts and Tribunals