Court Notices published in Government Gazette No. 21,342 of 12th November 2024
Notice 2639
2639By means of a decree of the 25th October 2024 of the Civil Court (Family Section), in the records of the Mediation in the names Diane Scalpello vs Ismaila Aruna, Mediation Number 1038/2024, the following publication was ordered for the purpose of effecting service on the respondent Ismaila Aruna in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)
By means of an Application in the records of the Mediation Number 1038/2024 in the names Diane Scalpello (ID 284283M) vs Ismaila Aruna (ID 46538A), filed in the Civil Court (Family Section), on the 2nd September 2024, the applicant Diane Scalpello (ID 284283M) requested this Honourable Court to:
1. Appoint the Directorate for Child Protection to carry out an assessment of the parties including the present situation in which the respondent father is living and relate any information found in the knowledge of the same to this Honourable Court;
2. Suspend the access of the father towards the minor immediately and this in the Supreme interest of the minor and this saving any further order that this Honourable Court deems fit to take after the Directorate for Child Protection relates to this Honourable Court;
3. Order that from the date of this application onwards, the maintenance that the respondent father has to pay for the needs of the minor is to be of €250 besides half the costs of health, education and extra-curricular activity.
4. Order the issuing of a protection order in terms of Article 412 (c) of Chapter 9 of the Laws of Malta against Ismaila Aruna, and this against the applicant mother of Diane Scalpello and the minor ommisis and this under any conditions that this Honourable Court deems fit and opportune.
And this saving any other provision that this Honourable Court deems fit to impose.
That she has so much to submit to the judgement of this Honourable Court.
Applicant: Ocean Drive Terrace Block D, Flat 7, Triq il-Qawra, Qawra, St Paul’s Bay.
Notification respondent – Ismaila Aruna – Tip Top Apartments, Flat 6b, Triq Manwel Magri, Hamrun
Civil Court (Family Section) – Honourable Madam Justice Antonio G Vella LL.D.
Letter No 1038/2024
The Court,
Having seen the application;
Orders the notification to the couterparty with five (5) working days within which to submit a reply.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2640
2640IT 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 30th October, 2024, and upon an application numbered 1211/2024, ordered:
To the Director of the Public Registry, to make the appropriate annotations or corrections in the Act of Death number 1552/2024 in the maiden surname of the deceased’s mother and in the Act of Birth number 906/1950 so that the surname of the maternal grandfather is to be corrected from ‘Mizzi’ to ‘Mifsud’.
Court of Revision of Notarial Acts
ADRIAN MICALLEF
Deputy Registrar, Court of Revision of Notarial Acts
Notice 2641
2641By a decree of the Court of Magistrates (Malta) of the 14th July, 2024, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
C. Camilleri & Sons (Catering) Ltd (C32922) of 13/20 Triq Manuel Borg Gauci, Tal-Ħandaq, Ħal Qormi, filed a Claim on the 23rd February, 2024, whereby she asked the Court to condemn Roberta Gabarrretta (ID 325079M) in her own name and on behalf of Viroc International Ltd (C4637) of Kingsway Palace, Triq ir-Repubblika, Valletta, to pay the plaintiff company the sum of €5,763.85 or any other amount not exceeding €15,000, which amount is due to the plaintiff company.
With costs and legal interests
The case (Notice number 42/2024MLF) in the names C. Camilleri & Sons (Catering) Ltd vs Roberta Gabarretta pro et noe is deferred for hearing for the 26th March, 2025, at 9.30 a.m.
Notification: Roberta Gabarrretta (ID 325079M) in her own name and on behalf of Viroc International Ltd (C4637) of Kingsway Palace, Triq ir-Repubblika, Valletta
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Court Warrant
2642By means of a decree of the 15th October, 2024, of the Courts of Magistrates (Malta), in the records of the Counter-Warrant in the names Raymond Bonanno vs Sompon Borg et Counter-Warrant Number 1513/2024 the following publication was ordered for the purpose of effecting service on Raymond Bonanno in terms of Article 187(3) et sequitur of Cap. 12.
By means of a Counter Warrant Number 1513/2024 filed in the Courts of Magistrates (Malta) on the 31st July, 2024, following the Garnishee Order number 381/2024 in the names Raymond Bonanno (ID 298868M0 vs Sompon Borg (ID 0066222L) and William Borg (ID 364684M) issued on the 31st July, 2024, the applicant William Borg (ID 364684M) respectfully asked:
That this Honourable Court orders the issue of the opportune counter-warrant for the under mentioned reason.
Reason: Since this warrant is revoked according to a decree of the 5th June, 2024, copy saving revocation 70/2024 CFF against William Borg only.
Counter Warrant
Republic of Malta
To the Court Marshall
Whereas following the execution of the warrant to which the above application refers there are sufficient reasons according to law why this said warrant is not to remain in force.
In the Magistrates Court (Malta)
In the records of the Counter-Warrant Number 1513/2024
The Court,
Having seen the application,
Orders the service to the counterparty who has four (2) days within which to reply.
Notification: Raymond Bonanno – Stamford Bridge, Flat 7, Triq iċ-Ċagħaq, St Paul’s Bay
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2643
2643By a decree of the Small Claims Tribunal of the 14th May, 2024, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
EMD Advisory Services Limited (C-27724) ta’ Vault 13-15, Valletta Waterfront, Floriana, filed a Claim on the 10th May, 2024, whereby they asked the Tribunal to condemn ABC Group Limited (C69242) of 38, Studio 5, Triq Thomas Ashby, Marsaskala, to pay the plaintiff company the sum of €3,326.42, which amount is due to the plaintiff company.
With costs and interests
The case (Claim number 150/2024IS) is deferred on the 2nd December, 2024, at 1.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals.
Notice 2644
2644By a decree of the First Hall of the Civil Court of the 22nd October, 2024, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of a counter warrant number 1593/2024 filed in the First Hall of the Civil Court on the 27th September, 2024, after the Garnishee Warrant number 957/2024 issued on the 5th June, 2024, in the names Jan Karl Bondin (ID 522281M) and Carmen Farrugia (ID 691060M) vs Carmel Sciberras (ID 650058M) wherein Carmel Sciberras (ID 650058M) pleaded:
That this Honorable Court orders the issue of the opportune counter-warrant on the grounds herein mentioned.
Reason: since the amount claimed in the garnishee order above mentioned was satisfied by means of schedules of deposit numbers 1341/2024, 1467/2024 and 1419/2024 (vide Doc. A).
Counterwarrant
To the Marshal of the Courts
Whereas after the execution of the warrant referred to in the above application, there are grounds according to law for which the same warrant should not remain in force.
Given by the First Hall of the Civil Court and witnessed by Honourable Mr Justice Ian Spiteri Bailey, Doctor of Laws of the said court.
In the First of Hall of Civil Court
Judge: the Honourable Mr Justice Ian Spiteri Bailey, LLD
In the acts of the counter warrant of the Granishee Warrant number 1593/2024
The Court,
Saw the application,
Orders that he be notified with a week to submit a reply,
Reserves to provide further at another stage.
Notification: Jan Karl Bondin, 81, Triq il-Garni, Mellieħa
Carmen Farrugia, 81, Triq il-Garni, Mellieħa
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2645
2645Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 17th October, 2024, following a request by Commissioner for Tax and Customs it was ordered that deputy curators be chosen to represent the absent Valdeph Singh Bagri pro et noe in the acts of the judicial letter number 4674/2024 in the names Commissioner for Tax and Customs vs Deputy Curators and in the other relative and subsequent acts.
By means of a judicial letter filed in the First Hall of the Civil Courts on the 10th October, 2024, by The Commissioner for Tax and Customs of Block 5, Triq Vincenzo Dimech, Floriana, against deputy curators to represent the absent Valdeph Singh Bagri (United Kingdom passport number 515437870) in his own name and in his capacity as director in the name and in representation of the company Axel Trade Limited (C66583), today struck off from the Registry of Companies, the Commissioner for Tax and Customs calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €491,903.47 representing amount due by you pro et noe as value added tax according to the same Act.
With costs and interest according to the said Act till the date of effective payment.
This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Tax and Customs has against you by means of a notice sent to you.
In default, the interpellants informs you that they shall pass to execute the said executive title they have against you pro et noe by means of the opportune warrants.
So much so that you may know how to regulate yourselves and to proceed.
Interpellant: Commissioner for Tax and Customs – Block 5, Triq Vincenzo Dimech, Floriana.
Notification: Deputy curators
You are therefore ordered to affix an official copy of these banns at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of curators of office.
And after so acting, or if you should encounter any difficulty in the execution of these banns, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Anna Felice, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2646
2646By means of a decree of the 23rd September, 2024, in the records of the judicial letter number 4309/2020, in the names J. Zammit Limited vs Ricky Stuart Goddard, the First Hall of the Civil Court ordered the following publication for the purpose of service of the respondents in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Court against Ricky Stuart Goddard (ID 107458A) of 8 St Mary, Flat 8, Triq Bordino, San Pawl il-Baħar, on the 14th December, 2020, J. Zammit Limited (C 37945) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, referred to the bills of exchange signed and accepted by you numbered 1 till 3 dated 30th November, 2016, and 30th January, 2017, respected, bills of exchange number 4 till 14 dated 28th February, 2017, and 28th December, 2017, respectively and bill of exchange number 18 till number 43 between 28th April, 2018, and 28th August, 2020, respectively. These bills of exchange that are here attached, had to be paid and you remained in default although time has passed and although you were solicited several times, so it solicits you so that within two (2) days from the notification of this judicial letter you pay the interpellant company the total amount of €33,100.11 representing the value of the said bills of exchange, which bills of exchange were signed by you and you remained in default.
The interpellant company warns you that if you fail to abide with the above the company will proceed for the execution of the said bills of exchange in terms of article 253(e) of Cap. 12 of the Laws of Malta.
For all the effects and purposes of law, you are warned that in terms of article 253(e) of Cap. 12 of the Laws of Malta you have the right so that within twenty (20) days from the notification of this judicial letter you file an application to oppose the execution of the said bill of exchange on the basis that the signature on the bill of exchange is not yours or for grave and valid reasons.
So much so may know how to proceed and regulate yourself.
With costs, including of this present against you and with legal interest from the date of expiry of the said bills of exchange till the date of effective payment.
This judicial letter is being sent to render the said bill of exchange executable in terms of Article 256(2) of Cap. 12 of the Laws of Malta.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2647
2647By means of a decree of the 3rd October, 2024, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 981/2024 in the names Finance House plc vs Hristo Yordanov Asenov et, the following publication was ordered for the purpose of effecting service on the respondent Hristo Yordanov Asenov in terms of Article 187(3) et sequitur of Cap. 12.
In the Court of Magistrates (Malta)
To: Hristo Yordanov Asenov (ID 53775A) of 137, Blue Seas, Flat 3, Triq San Xmun, St Paul’s Bay, and
Minica Milenovic
By the present Finance House plc (C58869) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, solicits you so that immediately you pay the amount of €12,273.20 besides the legal interest from the due day of each bill of exchange till the effective payment representing 20 bills of exchange each of the value of €613.66, which bill of exchange matured on the 1st day of each month from August 2021 till March 2023 respectively (copies here attached and marked as Doc. A1-A20).
This judicial letter is being made in terms of Articles 253(e) and 256(2) of the Code of Organisation and Civil Procedure and thus the interpellant warns you that if within twenty days from the notification of this judicial letter you do not show to this Court grievous and valid reasons to oppose the execution of this bills of exchange, thus this credit will be rendered executive title and all the executive warrants will be issued against you according to law.
For you to be guided accordingly and to know how to proceed and with costs against you.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2648
2648Banns 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 31st of October, 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 the 31st of October, 2024, it was ordered that a deputy curator be chosen according to the law to represent the unknown owners of the annual and perpetual ground rent in the acts of the schedule of deposit and contextual redemption of ground rent bearing serial number 396/2024 in the names ‘Grace Azzopardi vs Deputy Curators to represent the unknown owners of the annual and perpetual ground rent mentioned in the said schedule of deposit’, filed on the 24th of October, 2024, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section and in all other relative and subsequent acts.
The immovable object of this schedule of deposit is:
The premises number eighty and eighty-two (80 and 82), in Triq l-Arċisqof Pietro Pace, Victoria, Gozo, with the land underneath it and with all its airspace and with the yard attached thereto, as indicated in the plan attached to the schedule of deposit, subject to the annual and perpetual ground rent of twenty-three point three euro cents (€0.23,3).
That the applicant must redeem this ground rent by taking advantage of the faculty given to her by Article 1501 et sequitur of the Civil Code, which sum of €0.23,3 capitalized at five percent (5%) amounts to four euros and sixty-six cents (€4.66c);
That the applicant is also depositing the sum of six euros and ninety-nine cents (€6.99c) as arrears of ground rent payment on the said premises for the last thirty years;
That the global sum of eleven euros and sixty-five cents (€11.65c) can be freely withdrawn by the respondents after tendering due receipt according to law.
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 make a note declaring that they agree to this.
You are also ordered to inform each one that if he does not make this declaration in 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., a magistrate of the aforementioned Court.
MARGARET DE BATTISTA
Assistant Registrar, for the Registrar, Gozo Courts and Tribunals
Notice 2649
2649By means of a decree of the 10th October, 2024, in the records of the judicial letter number 2707/2024, in the names Elmo Insurance Limited vs Antoine Agius, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent Antoine Agius in terms of Article 187(3) et sequitur of Cap. 12.
In the Courts of Magistrates (Malta)
To Antoine Agius (ID 208686M) of 155, Stivala Crt, Flat 12, Triq Jean De La Vallette, Naxxar
By means of the present the company Elmo Insurance Limited (C3500) of Triq Abate Rigord, Ta’ Xbiex, refers to the traffic accident which occurred on the 19th June, 2023, in Msida between the vehicle with registration number DCO-427 driven by you and vehicle number HCB-606 driven by Leo Hirth at the time of the accident. By means of this present, it informs you formally that you failed to make a claim with the interpellant company as you are obliged to do according to the conditions of your insurance policy and consequently you are precluded from invoking the insurance policy to cover any of your obligations arising from the accident in question and thus the interpellant company has the right to turn on you for refund.
That consequently by means of the present you are being notified for all effects of law that the interpellant company is holding you responsible to refund any amount that it may be constrained to pay to third parties in connection with the traffic accident of the 19th June 2023, including interest and legal expenses.
So much so that you may know how to proceed
With costs of the present
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2650
2650By means of a decree of the 17th April, 2024, of the Civil Court First Hall in the records of judicial letter number 1349/2024, in the names Commissioner for Tax and Customs vs Shawn Ciantar et, the following publication for the purpose of service on the respondent Shawn Ciantar was ordered in terms of Article 187 (3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Shawn Ciantar (ID 440686M) of The Valley, Blk B, Flat 11, Triq Dott. Ġużè Miceli, Gżira
and
Allan Magro
By the present the Commissioner for Tax and Customs of Block 5, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €142,046.93 representing the amount due by you pro et noe as Value Added Tax according to this Act regarding the VAT number MT22193533.
With costs and interest according to the said Act XXIII of 1998 till the date of effective payment.
This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Tax and Customs has against you by means of a notice sent to you.
In default, the interpellants inform you that they shall pass to execute the said executive title they have against you pro et noe by means of the opportune warrants.
So much so that you may know how to regulate yourselves and to proceed.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2651
2651By means of a decree of the 22nd August, 2024, of the Civil Court First Hall in the records of judicial letter number 3462/2023, in the names Commissioner for Tax and Customs vs Thomas Diacono pro et noe, the following publication for the purpose of service on the respondent Thomas Diacono and Popular Marketing Limited was ordered in terms of Article 187 (3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Thomas Diacono (ID 0127885M0 in your own name and in your capacity as director in the name and and on behalf of the company Popular Marketing Limited (C53146).
By the present the Commissioner for Tax and Customs of Block 5, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €556,711.06 representing the amount due by you pro et noe as Value Added Tax according to this Act.
With costs and interest according to the said Act till the date of effective payment.
This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Tax and Customs has against you by means of a notice sent to you.
In default, the interpellants inform you that they shall pass to execute the said executive title they have against you pro et noe by means of the opportune warrants.
So much so that you may know how to regulate yourselves and to proceed.
Notification: Thomas Diacono, 102, Triq is-Sienja, Ħ’Attard
Thomas Diacono, 53, Il-Bitħa, Triq Giovanni Curmi, Iklin
Popular Marketing Ltd, New Your Best Office, Triq Paceville c/w Triq Dobbie, St Julian’s
Popular Marketing Ltd 53, Il-Bitħa, Triq Giovanni Curmi, Iklin
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2652
2652Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 13th October, 2023, following a request by Shawn Theuma vs Deputy Curators to represent the unknown owners in the records of the schedule of deposit number 2183/2023 in the names Shawn Theuma vs Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and redemption of groundrent, number 2183/2023 in the names of Shawn Theuma, bachelor, son of Alfred Theuma and Georgina née Mifsud, born in Tal-Pietà and residing in Ħamrun (ID 349096M) vs Deputy Curators to represent the unknown owners, filed in the First Hall of the Civil Court on the 11th October, 2023, the applicant Shawn Borg respectfully submitted:
That as results from the contract of acquisition published in the records of Notary Dr Sarah Ann Agius on the 28th November, 2022, a copy of which contract is hereby attached and marked as document ST1, the interpellant acquired by title of sale from Maria Tabone, the premises at groundfloor level or rather maisonette number 83 with its own door in Triq Atocia, Ħamrun, underlying third party property, which premises is indicated on the plan hereby attached as Document ST2;
That as results from the public deed above indicated, the premises de quo is subject to the annual and perpetual groundrent of €0.18;
That the applicant wishes to avail himself of the option given to him by Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem the groundrent above indicated, which groundrent is in the amount of €0.18;
That this premises is the ordinary residence of the applicant Shawn Theuma;
Thus, the interpellant Shawn Theuma in his capacity as owner of the urban premises or rather maisonette having its own door number 83 in Triq Atocia, Ħamrun, calls upon this Honourable Court and under its authority is depositing the sum of €3.60 representing the groundrent of the premises above mentioned and capitalised at the rate of 5% contemplated by law, and this so that the sum so deposited be freely withdrawn by the respondents and this against the release of the due receipt according to law.
Notification: Director Public Registry, Valletta
Deputy curators
You are therefore ordered to affix an official copy of these banns at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of curators of office.
And after so acting, or if you should encounter any difficulty in the execution of these banns, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Joanne Vella Cuschieri, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2653
2653By a decree of the 4th November, 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 Audrianne Scerri, holder of Maltese identity card 308869M, on the 16th July, 2024, is asking for the withdrawal of the amount of two thousand, nine hundred and three euro (€2903.00) deposited by the Schedule of Deposit number 1353/2024 in the names of:
In the acts of Executive Garnishee Order number 62/2016 in the names of GO plc (C22334) vs Jesmond Scerri (ID 233267M)
and
In the acts of Executive Garnishee Order number 1809/2017 in the names Audrianne Scerri (ID 308869M) vs Jesmond Scerri (ID 233267M)
The Court ordered the notification of this application with ten (10) days to file a reply.
MARVIC FARRUGIA
For Registrar of Courts and Civil Tribunals
Notice 2654
2654ARB/C071/2021 – VARIATION OF A SEIZING AND FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 24th July, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Leonard Caruana, LLD). Compilation Number 596/2021, in the case:
The Republic of Malta
Versus
CHARLSTON CASSAR;
REDENT CASSAR, 29 years, son of Anna Cassar née Cassar, born in Tal-Pietà, Malta, on the 30th September, 1994, residing at Blk H, Ent A, Fl5, Triq Ħal Farruġ, Ħal Luqa, and/or Entrance 6, Flat 4, Triq San Mikiel, Cospicua, and holder of Maltese identity card bearing number 425194M.
JEROME AZZOPARDI;
AND
JOSEF MAJRI;
The Court AUTHORISES the accused REDENT CASSAR to pay for the renewal of the road licence fee and motor vehicle insurance policy of the vehicle listed in the Court decree dated 24th July, 2024. That this payment shall be made from the bank account listed in the name of a third party ending in -9467 and held with 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 Lara Lanfranco, LLD) on the 14th September, 2021, which was published in the Government Gazette on the 28th September, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Charlston Cassar, REDENT CASSAR, Jerome Azzopardi, and Josef Majri.
MR ANTON SEVASTA
Director, Asset Recovery Bureau
Notice 2655
2655ARB/C074/2022 – VARIATION OF SEIZING AND FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 6th November, 2024, given by the Criminal Court – (Hon. Judge Neville Camilleri, LLD). In the case:
The Police
(Inspector Jonathan Pace)
(Inspector John Leigh Howard)
(Inspector Lianne Bonello)
Versus
DAVID MIFSUD, self-employed, 42 years, son of Anthony and Anna née Farrugia, born in Tal-Pietà, Malta, on the 5th June, 1982, residing at Block C1, Flat 3, Pjazza Madonna ta’ Fatima, Tal-Pietà, and holder of Maltese identity card bearing number 313582M.
The Court AUTHORISES the accused DAVID MIFSUD to execute payment for the renewal of the insurance policy with reference number 401-1135592 held by Elmo Insurance Limited and the road license for the same vehicle in the amount of €736.16. That this payment shall be made from the bank account registered in the name of the accused ending in -8843 and held at the Bank of Valetta plc.
This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 36 (4) 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 26th October, 2022, which was published in the Government Gazette on the 1st November, 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 DAVID MIFSUD.
MR ANTON SEVASTA
Director, Asset Recovery Bureau
Notice 2656
2656By means of a decree of the 30th September, 2024, of the Civil Court (Family Section), in the records of the Application in the names Ruth Manicaro vs Robert Manicaro, Application number 164/2024JPG, the following publication was ordered for the purpose of effecting service on the respondent Robert Manicaro in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)
By means of a sworn application number 164/2024JPG in the names Ruth Manicaro (ID 0032285M) vs Robert Manicaro (ID 96983M), filed in the Civil Court (Family Section), on the 7th August, 2024, the applicant Ruth Manicaro (ID 0032285M) requested this Honourable Court to:
1. Declare the personal separation between the said parties due to physical, psychological and sexsual, and also emotional abuse, excesses, threats and serious insults committed by the defendant against the applicant and his minor children;
2. Pronounce the dissolution of marriage between the parties in terms of Article 66B et sequitur and 66F of Cap. 16 of the Laws of Malta;
3. Authorise the applicant to live seperately from the defendant in the matrimonial home in such a manner that the respondent is ordered to leave the same home, whilst the applicant is authorised to change the locks of the matrimonial home and adjacent garage;;
4. Order that the respondent be removed from all the rights of parent, in terms of Article 154 of the Civil Code and this in the supreme interest of the minors;
5. Order that the care and custody of the minors … omissis … be entrusted exclusively to the applicant and for the applicant to take all those decisions related to the minors including those related to health, upon the issue of passports, travel and education of the minors without the defendant’s consent, and to make such other appropriate and opportune provisions concerning the minors in its best interests;
6. Order that the minors reside with the applicant whilst the domicile and residence of the minors be in the Maltese Islands;
7. Order that access to the minor children be suspended or stopped or under the supervision of professionals in their best interest and in case the respondent abducts the minor from the care of the applicant order and authorise the Executive Police and if necessary with the assistance of Court marshals and social workers to seek and return the minors immediately in the care of the applicant and give such other appropriate and opportune provisions concerning the minors;
8. Fix and liquidate an adequate amount of maintenance which shall be payable by the respondent to the plaintiff and also for the minor children … omissis … with affect from the date of filing of this applicantion. This maintenance shall remain so payable until the children reach the age of 18 years and if they stop receiving their education and start working on a full-time basis until the age of 23 if the children decide to continue studying on a full-time basis and also orders that the maintenance is deducted directly from the salary or earnings of the defendant from employment or work or any benefit that the defendant is receiving, and are deposited in a bank account indicated by the applicant and provides on the modalities of how the same maintenance should be reviewed and amended every year to reflect the increase in the cost of living and that the applicant receives any children’s benefits including but not limited to the childrens’ allowance, in their entirety;
9. Order the defendant to pay maintenance arrears for the children, from the date that the applicant filed the first Mediation letter, and also arrears related to expenses incurred for health, education, travel and any extra-curricular activities;
10. Order the defendant to pay the health and education costs of the same children as long as they are still studying, including but not limited to clothing, uniforms, transport, stationary, private lessons and any other costs related to education, including related costs with extra-curricular activities of minors and half of the costs related to the holy communion and confirmation of the minors and the issuance of passports;
11. Order a Protection order in terms of Cap. 16 of the Laws of Malta in favour of the applicant and their children and if this Honourable Court feels the néed this order is extended in favour of other relatives of the applicant
12. Order that the defendant lost his right to any conjugal rights in terms of Article 48 et sequitur of Cap. 16 of the Laws of Malta and applies against in their entirety the provisions of Article 48, 51 till 55 of Cap. 16 of the Laws of Malta;
13. Declare that the respondent forfeited the right to claim and receive maintenance from the applicant whilst declaring that the applicant did not lose her right to claim and or receive maintenance from the respondent;
14. Declare dissolved and terminated the existing community of acquests between the parties and order that the same parties be divided into two shares, not necessary equal, consisting as ordered and established by the Honourable Court, in view, iner alia from the date of acquisition of several objects forming part of the same community of acquests and of the day esablished by this Courtwhen the respondent is considered guilty of the seperation, which portions will be assigned one to the defendant and the other to the plaintiff and this may be done, if needed by means of a nominated architect and a nominated notary to publish the relative deed and curator to represent any contumacious parties on the same deed;
15. Declare what are the paraphernal properties of the parties and order the defendant to restore to the applicant all her paraphernal property;
16. Authorise the applicant to continue to reside in premises number 69, San Jose, Triq il-Kuluvert, Fgura ,together with her minor children to the exclusion of the defendant, whilst authorizing to change the lock of the same premises and adjacent garage without the consent of the respondent;
17. Appoint a curator to represent the defendant in his eventual appearance on the relative deed of division at a day and time and place established by this Honourable Court;
18. Authorise the Public Registry of Malta to rergister the eventual judgement given by this Honourable Court.
With costs including all the mediation procedures and interest against the defendant who is from now summoned so that a reference to his oath be made.
Applicant: 69, San Jose, Triq il-Kuluvert, Fgura
Respondent notification: 69, San Jose, Triq il-Kuluvert, Fgura
The application in the names Ruth Manicaro vs Robert Manicaro, Application number 164/2024JPG, has been postponed for hearing to the 18th November, 2024, at 9.30 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2657
2657By means of a decree of the 18th October, 2024, in the records of the judicial letter number 3683/2024, in the names Duwpa Company Limited vs Louis Leisure Complex Limited, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Louis Leisure Complex Limited in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To: Louis Leisure Complex Limited (C11911) of 39, Triq l-Imdina, Ħ’Attard
By means of this present, Duwpa Company Limited (C28061) of 76, Triq l-Imdina, Ħal Qormi, refers to the private writing dated 4th February, 2021, whereby the interpellant company lent the amount of €65,000 whereby it was stipulated that the sum that had to be paid back to the interpellant company was €1,200,000 since the interpellant company had lent money to you on several other occasions before the signing of such private writing. This amount is also pending from you to date.
Although various solicitations from the interpellant company for the payment of the said amounts given by way of loan were made, you remained in default.
Thus, the interpellant company is calling upon you to pay the amount of €1,200,000 and this by not later than five days from the service of this act.
Should you default in payment within the time given to you, the interpellant company will proceed judicially against you, without further notice.
This judicial letter is being sent for all intents and purposes of law and particularly but not exclusively in terms of Article 2128 of the Civil Code, Cap. 16 of the Laws of Malta.
So much so that you may know how to regulate yourself and avoid useless costs.
With costs
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2658
2658By means of a decree of the 27th September, 2024, in the records of the judicial letter number 3568/2024, in the names Dun Gwann Farrugia vs Benjamin sive Benny Farrugia, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Benjamin sive Benny Farrugia in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
TO: Benjamin sive Benny Farrugia (ID 899652M) of 7, St James Residential Quarters, Block A, Room 106, Sqaq San Pawl, Ħaż-Żabbar
By means of this present, Dun Gwann Farrugia of 3, Triq San Mikiel, Żurrieq, is calling upon you so that within six (6) days from when you are notified with this act, you pay and return to him the sum of €45,550.00 as you bound yourself to do when you constituted yourself as his debtor by means of a public writing entered into on the 23rd April, 2023, in the records of Notary Dr Joseph Tabone, which writing is being attached and marked as Doc. A in order to be rendered executable for all intents and purposes of law.
In default the interpellant will have no alternative but to proceed further against you by all the means, civil and criminal, available to him at law.
So much so that you may know how to avoid further serious proceedings and the costs they entail.
Pay the costs of this present and for the consultation.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2659
2659By means of a decree of the 4th October, 2024, in the records of the judicial letter number 2761/2024, in the names Advocate Natalia Camilleri noe vs Antonia Borg et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Antonia and Alfred spouses Borg in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To: Antonia and Alfred spouses Borg of 92, Alfin, Triq A. Cuschieri, Birkirkara
By means of this present, Advocate Natalia Camilleri (ID 519896M) as mandatary of the absentee Christopher Borg (Maltese passport MT075700) and residing at Magellans Rest, Grange Road, Wickham Bishops, Witham, Essex, CM8 3LT, England, notes that she is informed by the absentee that he has been calling upon you, as owner of the same premises so that you vacate the garage bearing the name Bernice in Triq A. Cuschieri, Fleur-de-Lys, Birkirkara.
That by means of this judicial letter the interpellant is once again soliciting you so that within seven (7) days from the date of service of this same letter, you evict and vacate the garage with the name Bernice in Triq A. Cuschieri, Fleur-de-Lys, Birkirkara, and to return all the keys in your possession of the premises back to the interpellant since you are occupying the same premises without any valid title at law.
That the interpellant is reserving the right to ask you for all the legal expenses he had to cover in order to file this judicial letter as well as reserving the right to any other action due to him according to law including the filing of criminal proceedings against you and the issuing of the opportune warrants.
So much so that you may know how to proceed and regulate yourselves.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2660
2660By means of a decree of the 23rd October 2024, in the records of the protest number 322/2024, in the names James Spiteri Staines et vs Antoine Marcel Pace Asciak et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
James (ID 439790M) and Maria (ID 4996M) spouses Spiteri Staines
vs
Antoine Marcel (ID 312045M) and Margaret Mary (ID 627847M) spouses Pace Asciak
Judicial Protest of James (ID 439790M) and Maria (ID 4996M) spouses Spiteri Staines
Request with respect:
1. That the applicants are the owners of the premises 82, ‘North House’, Triq il-Wied, Iklin, which property previously formed part of a larger property named ‘Casa Bonnici’ and which had official numbers 80 and 82;
2. That the applicants applied for a development permit in connection with the above mentioned premises, which application has the reference number PA 5283/22 and which was approved by the Planning Authority;
3. That the respondents are the owners of the premises adjacent to that of the applicants, which premises bear the address 84 and 86, ‘The Jacarandas’, Triq il-Wied, Iklin;
4. That part of the dividing wall separating the properties of the parties, specifically the part of the wall situated on the front part of the properties adjacent to the public road, is in a bad and dangerous state, and néeds to be demolished and rebuilt;
5. That this part of the wall is also inclined inwards into the premises of the applicants, and following professional advice obtained by the applicants from an architect whom they trust who is responsible for the development in question and also from other experts, it resulted that this wall is dangerous and is at imminent risk of collapse;
6. That the applicants asked the respondents several times to give them the consent to demolish this wall and reconstruct the same, but the respondents refused to give their consent for the same works;
7. That the applicants offered to pay the expenses in connection with these works, even in order to find an urgent solution to this problem, but the respondents remained in default;
8. Whereas it is the obligation of the respondents as co-owners of the partition wall in question to carry out the necessary repairs of the wall, the respondents are failing to observe such obligation according to law and are refusing to give their consent to such works without any valid reason at law;
9. That apart from this, the applicants and the contractors appointed by them to carry out the works which shall be carried out in accordance with the approved development permit, are exposed to the risk of collapsing this wall whilst the works shall be carried out in the applicants’ premises;
10. That whilst the applicants have every intention to take all the precautions during the works and to keep the minimum distance of seventy six centimetres from the dividing wall according to Article 439 of Cap. 16 when excavation is carried out in their premises, they were informed that the risk of this wall collapsing while the works are being carried out cannot be avoided and consequently any injury to the workers and/or damage to their machinery may result;
11. Not only that, but the respondents are using this situation in order to try to take undue advantage of the applicants by pretending that the applicants renounce their ownership and use of the common wall, and other things in exchange for the consent of the respondents for such repairs;
12. That furthermore, as regards the dividing wall situated on the back of the respective properties of the parties, which wall is also common, the respondents or their ancestors placed various balustrades which are occupying the surface and wall thickness of the said support which separates the properties of the parties;
13. That the applicants intend to raise the said dividing wall, as they are entitled to do according to law. However, the applicants cannot presently exercise such right as a consequence of the said balustrades placed on the wall by the respondents;
14. That the applicants informed the respondents that they have no right according to law to keep such structures on the surface of the dividing wall by means of which they obstruct the right of the applicants to raise the common wall;
15. That when the applicants were called upon to remove such balustrades, they refused to do so and furthermore insisted that the applicants renounce their right of co-ownership of the dividing wall;
16. That in any case and absolutely without prejudice to the premised, even if one were to concede that the wall should not have been raised by the applicants, it results that such balustrades are in a bad state so much so that even there is a risk that they fall within the property of the applicants;
17. That as a consequence of the irresponsible and abusive behaviour of the respondents the applicants are being subjected to danger and are being obstructed from proceeding freely with the works envisaged by them;
18. That furthermore, such manoeuvres on the part of the respondents are leading to a procrastination of time for the applicants, which loss of time is resulting in huge damages;
19. That the respondents even threatened the applicants to the effect that if the latter were going to continue insisting on their rights and not to give in to the claims of the respondents, the respondents intended to do everything to stop the works of the applicants;
20. That in this regard, the respondents are from now being held responsible for all the damages they are incurring and which the applicants may continue to incur as a consequence of such illegal, abusive and criminal behaviour on the part of the same respondents, and reserve their right to take all those steps due to them in order to safeguard their rights;
21. That the applicants also reported this danger to the Police by means of a report made on the 4th September, 2024, which report bears the number 9/Pol/6485/2024;
22. That since the respondents were solicited several times to address these issues but still remained in default, the applicants have no alternative but to proceed by means of the present protest;
Thus, the applicants, whilst bringing the premised to the formal notice of the respondents and from now place them on formal notice for all intents and purposes of law and:
1. Call upon the respondents so that immediately and in any case by not later than one week from the date of service to them of the present judicial protest, they give their consent so that all the necessary remedial works be carried out on the part of the dividing wall which is in a bad state, including the demolition of the wall and reconstruction;
2. Call upon the respondents so that immediately and in any case by not later than one week from the date of service to them of the present judicial protest, they remove the balustrades and any structures with which they are occupying the surface and wall thickness of the common wall which separates the properties of the parties;
3. Hold the respondents responsible for the existing danger and any incident which may arise as a consequence of the state of the dividing wall and the failure of the respondents to cooperate in order to address and resolve such danger;
4. Hold the respondents responsible for all the damages and consequences that resulted and may result due to the behaviour and default of the same respondents, including but not limited to all the damages incurred due to the loss of time that is being created due to the behaviour of the respondents and any accident that may arise;
In default on the part of the respondents to abide with the above, the applicants reserve the right to take the further steps due to them according to law.
Saving any other right and action due to the applicants according to law including for the compensation of damages incurred by the applicants due to the behaviour and default of the respondents.
This act is being made in terms of Article 889 of Cap. 12 of the Laws of Malta without prejudice to any right and/or action due to the applicants civilly and criminally.
With costs
Applicant: Flat 5, Block Freesia, Triq Markiż Ċensu Depiro, Naxxar
Notification respondents: Antoine Marcel Pace Asciak, The Jacarandas, Triq il-Wied, Iklin
Margaret Mary Pace Asciak, The Jacarandas, Triq il-Wied, Iklin
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2661
2661By means of a decree of the 11th June, 2024, of the Rent Regulation Board, in the records of the Application in the names Albert Caruana et vs Anna Cascun et, Application number 10//2024CG, the following publication was ordered for the purpose of effecting service on the respondent Anna Cascun in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application in the names Albert Caruana (ID 598957M), Carmen Vincenza Bonett (ID 88661M), Josephine Caruana (ID 616935M), Carmel Caruana (ID 88358M) and Helen Mizzi (ID 307661M) vs Anna Cascun (ID 0238342M) and Housing Authority filed in the Rent Regulation Board, on the 10th January 2024, the applicants Albert Caruana (ID 598957M), Carmen Vincenza Bonett (ID 88661M), Josephine Caruana (ID 616935M), Carmel Caruana (ID 88358M) and Helen Mizzi (ID 307661M) requested this Honourable Board why it should not:
1. Declare and decide that the respondent Anna Cascun is the lessee of the premises 23, Triq il-Kbira, Gudja, previously 59, Church Street, Gudja, which was originally given under the title of temporary emphyteusis for a period of 17 years from the 1st December, 1975, by means of a contract in the records of Notary Anthony Grech Trapani;
2. Order that the means test of the tenant be carried out which shall be based on the means test established in the Rules of the Continuation Tenancies (Means Testing Criteria issued under Article 1531F and 1622 of the Civil Code) and any regulations which may from time to time replace them, which test shall be based on the income of the lessee Anna Cascun;
3. Declare and decide that in terms of Act XXVII of 2018, the rent is to be revised to an amount not exceeding 2% per year of the free and unencumbered value of the premises with number 23, Triq il-Kbira, Gudja, and in order to establish new conditions regarding the rent and in default if the respondent Anna Cascun does not satisfy the criteria of income and capital of the means test to be allowed to the respondent five years to vacate the premises, besides paying compensation payable to the applicant for the occupation of the premises during the said period which amounts to double the rent which was payable according to Article 12 and 12A of Cap. 158 of the Laws of Malta and this according to the rent which should have been effective in terms of Act X of 2009 which should not be considered less than the annual rent when the same rent is to be increased over three years of before.
4. Order the eviction within a short and peremptory period established by this Board after five years from the judgement so that the premises be vacated.
With costs and from now the respondents are summoned so that a reference to their oath be made.
Applicant: 14, Geranium, Triq Joseph Pace, Gudja
Notification: Anna Cascun, 23, Triq il-Kbira, Gudja
Housing Authority
The application in the names Albert Caruana et vs Anna Cascun et, Application number 10/2024CG, has been postponed for hearing to the 28th November, 2024, at 10.10 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2662
2662DKR 165/2007 – CANCELLATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 28th October, 2024, given by the Criminal Court (Hon. Dr Edwina Grima, LLD) after an application filed by Walid Laouini on the 27th August, 2024, and following the execution of judgement given by the same Court on the 23rd July, 2014, Bill of Indictment no 24/2013, in the case in the names:
The Republic of Malta
versus
WALID LAOUINI, 46 years, son of Mohamed u Haida née Ban Younes, born in Tunis on the 24th August, 1978, residing at Carmel Apts, Flat 5, Triq il-Luzzu, St Paul’s Bay, Malta, and holder of Maltese identity card bearing number 285605L.
and
Duncan Scerri
The Court ORDERED THE CANCELLATION of the freezing order of all the assets of the said Walid Laouini, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry by a decree dated 28th April, 2007, and published in the Government Gazette of the 15th June, 2007.
This notice is being published according to section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.
MARVIC PSAILA
Deputy Registrar, Criminal Courts and Tribunals (Malta)
Notice 2663
2663By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 7th October, 2024, Application number 898/2024, by Mary-Clare Duca, whereby following the application Francesca Abela, widow of Paul Abela, daughter of the late Carmel Saliba and Helen Saliba née Axisa, born in Ħal Qormi, Malta, on the 15th June, 1946, of 78 years of age, presently residing at 6, Triq Sant’Antnin, Ħaż-Żebbuġ, Malta, and holding identity card number 0518546M, was interdicted from all the acts of the civil life by means of a decree given on the 16th October, 2024.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals