Court Notices published in Govt. Gazette No. 20,347 of 14 February 2020

186

ARB/C002/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 6th February, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Astrid May Grima, LLD). Compilation number 54/2020 in the case:

The Police

(Inspector Kevin Pulis)

Versus

FANTA SILÀ, hairdresser, 31 years, daughter of the late Moussa and Muminato née Giaun, born in Guiné-Bissau on the 15th May, 1988, without a fixed address in Malta and holder of Portuguese Passport bearing number C926925.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to FANTA SILÀ and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORIZED the said accused to receive the amount authorized by law that does not exceed 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 they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 22A and Section 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve 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.

Today, 11th February, 2020

THE DIRECTOR

Asset Recovery Bureau

187

ARB/C003/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 10th February, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Astrid May Grima, LLD). Compilation number 58/2020 in the case:

The Police

(Inspector Frank Anthony Tabone)

Versus

CLAYTON GALEA, self-employed, 31 years, son of the late Paul and Carmen née Agius, born in Tal-Pietà, Malta, on the 13th January, 1989, residing at Blk C1, Flt 16, Triq Fonsu Marija Galea, Birkirkara, and holder of Maltese identity card bearing number 44989M.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to CLAYTON GALEA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

Today, 11th February, 2020

THE DIRECTOR

Asset Recovery Bureau

188

By a decree of the Small Claims Tribunal of the 10th December, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

John Cassar (ID 104664M) carrying on trade under the name Azzopardi Gżira Fish Shop of Triq Tas-Sliema, Gżira, filed a Claim on the 13th November, 2019, whereby he asked the Tribunal to condemn Marouska Mizzi (ID 457583M) carrying on trade under the name Spinola Terrace of 102, Triq Spinola, San Ġiljan to pay the plaintiff the sum of €3176.72 which amount is due to the plaintiff.

With interests and costs

The case (Claim Number 359/19PM) is put off on the 26th February, 2020, at 12.30 p.m.

Registry of the Courts of Magistrates (Malta) today 7th February, 2020

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

189

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 8th January, 2020, Application number 18/2020 by Antonia Galea et, whereby they requested that it will be declared open in favour of Antonia Galea wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Franky Galea son of the decujus the succession of Victor Galea, husband of Antonia Galea nee Micallef, son of the late Francis Galea and Salvina Galea, born in Mosta, Malta, resided in Mosta, Malta and died in Tal-Qroqq, Msida, Malta on the 13th September, 2019, aged 75, and who held identity card number 0311844M.

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

Registry of the Civil Court Voluntary Jurisdiction Section

Today 7th February, 2020

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

190

By a decree of the Court of Magistrates (Malta) of the 7th January, 2020, the publication of the following extract was ordered for the purpose of effecting service on the defendant Andrew Tabone in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Olvin Mangion (ID 473058M) in his own name and carrying on trade with the name Pool & Spa of Shop 2, Triq l-24 ta’ Ġunju, Ta’ Żwejt, San Ġwann, filed an Application on the 12th July, 2019, whereby he asked the Court to condemn Andrew Tabone of 197, Melita Flats, Triq is-Swieqi, Swieqi, so that this Court declares that the defendant by means of the contents of his publication in the electronic website “Are you being served? (Malta & Gozo) original” in June 2019 amounts to defamation regarding to law against the plaintiff pro et noe since the publication was to upset and reduce the reputation of the plaintiff, pay that sum that is liquidated by this Court, in terms of Chapter 579 of the Laws of Malta.

With all costs and interest against the defendant who is from now summoned so that a reference to his oath be made.

The case (Application Number 146/19RM) is postponed to the 26th February, 2020, at 9.15 a.m.

Registry of the Courts of Magistrates (Malta) today 7th February, 2020

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

191

Bann for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 10th January, 2020, following a request of Advocate Doctor Luigi A. Sansone as special mandatory of Giorgio Armani S.p.A it was ordered that deputy curators be chosen to represent Lebes Tekstil Dis Ticaret Ltd STI and Eurl Valiria Import/Export, in the records of the Sworn Application 16/2020 MCH, in the names Advocate Dr Luigi A. Sansone noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application filed in the Civil Court First Hall in the names Advocate Doctor Luigi A. Sansone LL.B. (Hons) LL.D. (ID 258269 M) as special mandatory of Giorgio Armani S.p.A., a foreign Italian company with address of Via Borgonuovo, 11, 20121, Milano, Italy vs deputy curators to represent 1) Lebes Tekstil Dis Ticaret Ltd. STI, a foreign entity with indication of address of Sarac Ishak Mah, Mabeyinci Yokusu Sok No 2 Kat 3 Beyazit-Fatih-Istanbul Beyazit in Turkey and (2) Eurl Valiria Import/Export, a foreign entity with indication of address of Rue Derbal Mohamed Cite, El Fateh No 20 RDC No. 2 Ouled Yaich Blinda Algerie and with indication of Algerian fiscal identitification number (NIF) of 001809081007048 on the 8th January, 2020, the applicant Advocate Doctor Luigi A. Sansone LL.B. (Hons) LLD (ID 258269M) as special mandatory of Giorgio Armani S.p.A. a foreign Italian company with address Via Borgonuovo, 11, 20121 Milano, Italy, asked this Honourable Court:

1. To declare that the entry without free release for circulation in Malta in the course of business between the defendants of a quantity of products consisting of jackets, which all of them have several identical trademarks to or which cannot be distinguished in their essential aspects from the trademarks of the plaintiff company and duly registered in the European Union with numbers 000504308, 015743818, 015743891, 015743801, 000504282, 015742687, 000505594, 013174073, 013542048, 015743966 and 013540811 respectively which objects are all presently held under the authority of the Director General (Customs) after he found that the container APHU4567283 which contained them contravenes the rights of intellectual property of the plaintiff company as regards the same registered trade marks of the European Union;

2. Declare that the same objects and namely a quantity consisting of jackets which all of them have on them identical trademarks to or which cannot be distinguished in their essential aspects from the trademarks of the plaintiff company duly registered in the European Union with numbers 000504308, 015743818, 015743891, 015743801, 000504282, 015742687, 000505594, 013174073, 013542048, 015743966 and 013540811 respectively are falsified objects;

3. Order the Director General (Customs) to destroy those objects within a short and peremptory period without any compensation to the defendants and at their expense;

4. Take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be removed definitely from circulation in the existing systems of commerce and the defendant be deprived from the economic benefits of the transaction;

5. Order that the defendants are to bear all the other costs in connection with this lawsuit including the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs amongst which those of identification and numbering of the said objects of their transport from the place of storage, the same storage, the transport from the place of storage to their eventual destruction, to the attendance of the destruction and to the removal of the waste generated from the same destruction.

With costs against the defendants summoned so that a reference to their evidence be made.

Applicant noe: Advocate Doctor Luigi A. Sansone LL.B. (Hons) LL.D. (ID 258269M) as special mandatary of Lacoste, a foreign Italian entity with address of Via Borgonuovo, 11, 20121 Milano, Italy; 84-85, Triq Melita, Valletta VLT 1120

Notify the Defendants: Deputy Curators to represent (1) Lebes Tekstil Dis Ticaret Ltd. STI, a foreign entity with indication of address of Sarac Ishak Mah, Mabeyinici Yokusu Sok No:2, Kat 3 Beyazit-Fatih-Istanbul Beyazit and (2) Eurl Valiria Import/Export, a foreign entity with indication of address of Rue Derbal Mohamed Cite, El Fateh No 20, RDC No 2 Ouled Yaich Blind Algerie

Courts of Justice, Valletta (two copies)

You are therefore ordered to affix an official copy of this bann 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 th execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Robert G Mangion LL.D., Doctor of Laws.

Today 10th January, 2020

Registry of the Superior Courts, today 7th February, 2020

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

192

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 24th December, 2019, Application number 2240/2019 by Carmen Caruana, Mario Caruana and Josianne Simiana, whereby they requested that it will be declared open in favour of Carmen Caruana in the quota of one half (1/2) undivided share and in favour of Mario Caruana and Josianne Simiana, children of the Paul Caurana the latter brother of the decujus in the quota of one fourth (1/4) undivided share each one of them the succession of Fr Maurice in the world known as Lewis Caruana, bachelor, son of the late Carmelo and Spiridiona nee Axiaq, born in Ħaż-Żabbar, Malta and resided in Rabat, Malta and died in Tal-Qroqq, Msida, Malta on the 28th March, 2019, aged 71, and who held identity card number 0190448M.

Registry of the Civil Court Voluntary Jurisdiction Section

Today 7th February, 2020

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

193

By means of a decree of the19th September, 2019, handed down by the First Hall of the Civil Court in the records of the judicial letter number 3720/2018 in the names Reuben Bonnici noe vs Grech’s Ltd, the following publication was ordered for the purpose of effecting service on the respondent company Grech’s Ltd in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

Today 23rd October, 2018

To Grech’s Ltd (C 1863), 154, Triq San Bastjan, Ħal Qormi

By the present, Reuben Bonnici (ID 448471M) for and on behalf of the company Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta Corporation and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A, for all the purposes and effects of Article 466 of Chapter 12 of the Laws of Malta and solicits you to pay the amount of €24,604.89 which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meters, administrative costs connection and disconnection fees and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due according to Law and which amount consists of the following:

i. As for bill number 101000055448 the amount of €9,929.15 regarding the premises 471, Triq il-Vitorja, Ħal Qormi; and

ii. As for bill number 101000120746 the amount of €301.32 regarding the premises 97, Grech’s Ltd, Triq in-Naxxar, Ħal Balzan; and

iii. As for bill number 101000211377 the amount of €14,374.42 regarding the premises 147, Bathroom Centre, Triq San Bastjan, Ħal Qormi.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Chapter 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

Registry of the Superior Courts, today 7th February, 2020

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

194

By means of a decree of the 22nd January, 2020, of the Civil Court First Hall in the records of judicial letter number 3185/2019, in the names Commissioner for Revenue vs Christopher McKay et noe et, the following publication for the purpose of service on the respondent Bo Patrick Alfvegren was ordered in terms of Article 187 (3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

Today 23rd August, 2019

To Christopher McKay (ID 32891M) and Bo Patrick Alfvegren (ID 39421A) in your own name and also as director for and on behalf of Tapaz Malta Limited (C 798769)

By the present the Commissioner for Revenue of Centre Point Building, Triq Ta’ Paris, Birkirkara, calls upon you in terms of Articles 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the following amounts:

i) As for Christopher Mckay (ID 32891M) the amount of €14,611.44;

ii) As for Bo Patrick Alfvegren (ID 39421A) the amount of €16,201.96;

iii) As for the company Tapaz Malta Limited the amount of €30,813.40

representing the amount due by you 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 and particularly, but not exclusively, in order to render the executive title which the same Commissioner for Revenue has against you by means of the Notice sent to you.

In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you by means of the opportune warrants.

So much so that you may know how to proceed and to regularise your position.

Notification: Bo Patrick Alfegren, 1652, Pendergardens, Triq Ivo Muscat Azzopardi, San Ġiljan STJ 9000

Registry of the Superior Courts, today 7th February, 2020

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

195

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 2nd December, 2019, Application number 2129/2019 by Rosaria Vella, Michael Vella, Joseph Vella and Emanuel Vella whereby they requested that it will be declared open in favour of Rosaria Vella, Michael Vella, Joseph Vella and Emanuel Vella in equal shares between them the succession of their brother Carmelo Vella, bachelor, son of the late Anthony Vella and Emanuela nee Dimech, born in Birżebbuġa, Malta, resided in Birżebbuġa, Malta and died in Tal-Qroqq, Msida, Malta on the 15th March, 2017, aged 59, and who held identity card number 0627657M.

Registry of the Civil Court Voluntary Jurisdiction Section

Today 7th February, 2020

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

196

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 14th January, 2020, Application number 48/2020 by Josephine Borg et, whereby they requested that it will be declared open in favour of Joseph D’Emmanuele the succession of his wife Antonia D’Emmanuele, wife of Joseph D’Emmanuele, daughter of the late Giuseppe Buhagiar and Francesca nee Fenech, born in Floriana, Malta, resided in Naxxar, Malta and died in Naxxar, Malta on the18th January, 2019, aged 82, and who held identity card number 4737M.

Registry of the Civil Court Voluntary Jurisdiction Section

Today 7th February, 2020

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

197

By means of a decree of the 28th May, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2432/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Eugenio Sultana, the following publication was ordered for the purpose of effecting service on the respondent Eugenio Sultana in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

Today 19th July, 2018

To Eugenio Sultana (ID 495562M) of 20, Triq il-Gvernatur William Reid, Ħad-Dingli.

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €3,795.90, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to Law regarding the bills number 101000204214 that is regarding the premises with address 20, Triq il-Gvernatur William Reid, Ħad-Dingli.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

Registry of the Court of Magistrates (Malta), today 7th February, 2020

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

198

Bann for Curators

Republic of Malta

To the Marshall of the Court.

By means of a decree given by this Court, on the 15th November, 2019, following a request of Maria Dolores Parnis et it was ordered that deputy curators be chosen to represent the unknown owners in the records of the Sworn Application 1092/2019MH, in the names Maria Dolores Parnis et vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed in the First Hall Civil Court, in the names Maria Dolores Parnis (ID 212935M), Helen Camilleri (ID 23763M), Joseph Parnis (ID 591257M), Paul Parnis (ID 654558M), Sandro Parnis (ID 458673M) and Carmen Cassar (ID 324071M) vs Deputy Curators to represent the unknown owners of the temporary utile dominio of the premises with address Id-Duluri, Triq Vittorio Cassar, Birkirkara, filed on the 13th November, 2019, the applicants Maria Dolores Parnis (ID 212935M), Helen Camilleri (ID 23763M), Joseph Parnis (ID 591257M), Paul Parnis (ID 654558M), Sandro Parnis (ID 458673M) and Carmen Cassar (ID 324071M) premised and Sandro Parnis confirmed on oath:

That the applicants are all coowners of one hundred fifty six out of one hundred ninety two (156/192) shares of the premises 37, with the name Duluri, Triq Vittorio Cassar, Birkirkara;

By means of a contract of acquisition dated 15th April, 1966, in the records of Notary Doctor Angelo Sammut (here attached and marked as Doc. JP1) Emmanuele Prnis acquired sixty five of ninety six (65/96) shares that is five of six (5/6) of thirteen of sixteen (13/16) undivided parts of the premises with official number 37 with the name Duluri, Triq Vittorio Cassar, Birkirkara, these being the premises subject matter of these procedures;

In the same contract it is declared that Maria Dolores Parnis wife of Emmanuel Parnis inherited the quota of thirteen from sixteen (13/16) undivided shares from her father Paolo Micallef who died on the 27th June, 1948;

Emmanuele Parnis died on the 8th January, 2013 (death certificate here attached and marked as Doc. JP2) and subsequently Maria Dolores Parnis and his children Helen Camilleri (ID 23763M), Joseph Parnis (ID 591257M), Paul Parnis (ID 654558M), Sandro Parnis (ID 458673M) and Carmen Cassar (ID 324071M) inherited him, as shown in the declaration causa mortis here attached and marked as Doc. JP3;

The applicants are all the successors of Emmanuele Parnis and in solidum they hold 156/192 undivided shares of the preperty and this as shown in the statement;

Therefore the remaining share which belongs to the respondents who are absentees amounts to a total of 3/16 undivided shares;

By means of a promise of sale in the records of Notary Dottor Joseph Smith La Rosa dated 24th September, 2019 (here attached and marked as Doc. JP4) the applicants obliged themselves to sell and transfer in favour of DPS Developments Limited (C 91065) and Clayton Bonnici (ID 253283M) the house with official number 37 with the name Duluri in Triq Vittorio Cassar, Birkirkara, with all its rights and appurtenances at the price of €300,00 which price is paid as for €150,000 in cash and the remaining value of €150,000 will be paid by means of a transfer of a penthouse including its airspace and with the right to built further storeys on it and this according to the conditions mentioned in the same promise of sale;

The applicants know that there are more persons who have a share of the property but they do not have any contact with them and they do not know where they are;

The applicants declare and confirm that there are no cases for the division of the same property before a Tribunal or a competent Court;

That the share of the respondents amounts to about €56,250;

That this value is fair and real and will not create any prejudice to the respondents as results from the estimate of the architect (here attached and marked as Doc. JP5), Architect David Grima;

Accordingly, for the sale of the entire premises above mentioned the applicants are availing themselves of Article 495A of Chapter 16 of the Laws of Malta so that the sale of the same will be approved;

Together with this sworn application, the applicants are attaching their relative declaration where they are declaring that they are agreeing with the sale of the whole premises above mentioned under the terms and conditions of the promise of sale dated 24th September, 2019, and this in terms of Article 495A(2) of Chapter 16 of the Laws of Malta;

Together with this sworn application, the applicants are attached a statement that shows the act and the value of the relative shares of the parties and this in terms of Article 495A (2) of Chapter 16 of the Laws of Malta.

Thus for the reasons premised, the applicants are requesting this Honourable Court so that it:

1. Authorises the sale of the premises with official number 37, with the name Duluri, Triq Vittorio Cassar, Birkirkara, as described in this application and the said promise of sale dated 24th September, 2019, signed between the all the applicants and the buyers DPS Developments Limited (C91065) and Clayton Bonnici (ID 253283M) in terms of Article 495A of Chapter 16 of the Laws of Malta.

2. Establishes the day, time and place so that the said sale and transfer be made;

3. Nominates curators to represent the absent owners and who could not attend for the transfer act and orders to appear and represent the owners of the said premises on the time, day and place established by this Honorable Court;

4. Nominates Notary Doctor Joseph Smith La Rosa to publish the transfer deed;

5. Orders and authorises the applicants to deposit the sum representing the undivided share of the property of the absentee owners and who could not be found under the authority of this Honourable Court and this after that from the share of the same respondents the tax due and also the relative costs for the rights and costs of the deputy curators nominated be paid.

With costs against the respondents who are from now summoned so that a reference to their oath be made.

Applicants: Joseph Parnis, 19, Ruzinjol, Triq il-Mitħna, Mosta

Notification: Deputy Curators

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 th execution of this bann, 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.

Today 15th November, 2019

Registry of the Superior Courts, today 7th February, 2020

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

199

Bann for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 26th September, 2018, following a request by Guido Grima et it was ordered that deputy curators be chosen to represent the unknown owners in the acts of the schedule of deposit number 1771/2018 in the names Guido Grima et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Guido Grima (ID 605951M) and Carmelo Grima (ID 42246M) both children of Gian Nikol and Maria née Ellul born and residing in Siġġiewi vs Deputy Curators to represent unknown direct emphyteutical owners on the 24th September, 2018, the applicants Guido Grima (ID 605951M) and Carmelo Grima (ID 422461M) respectfully submitted:

That by means of a contract in the records of Notary Doctor Joseph Tabone of the 29th January, 1987, the applicants acquired from the commercial company Noel Abela Holdings Limited as duly represented by Emmanuel sive Noel Abela (ID 831549M) the airspace from the level of the tar till the eleventh course to build two garages with not official numbers, forming part of a block of apartments known as Gawhra Court in Buġibba, San Pawl il-Baħar, and this as better described in the notarial deed here attached and marked as Doc. A;

Such airspace on which the two garages were built is subject to the annual and perpetual groundrent of Lm4 that is Lm2 for each garage equivalent to €9.36;

The applicants wish to avail themselves of the option given to them by means of article 1501 of Cap. 16 and redeem this groundrent;

The groundrent of €9.36 capitalised at the rate of 5% amounts to €187.20;

Thus, the applicants are calling upon this Honourable Court and under its authority are depositing the amount of €187.20, this being the total amount of redemption of groundrent, which sum may be freely withdrawn by the respondent/s after leaving the relative receipt according to law.

Depositors: Guido Grima (ID 605951M), 103, Triq ir-Rebbiegħa, Siġġiewi SGW 182, Malta

Carmelo Grima (ID 42246M), Camelia House, Triq ir-Rebbiegħa, Siġġiewi SGW 182, Malta

Notification: Deputy Curators, Director Public Registry, Casa Bolino, Triq il-Punent, Valletta

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 this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Silvio Meli, Doctor of Laws.

Today 26th September, 2018

Registry of the Superior Courts, today 7th February, 2020

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

200

By means of a decree of the 12th December, 2019, of the Rent Regulation Board, in the records of the Application in the names Natalia Menshova vs Camelot Properties Limited et, Application number 244/2019JD, the following publication was ordered for the purpose of effecting service on the respondents Camelot Properties Limited, Propinvest Limited and Clifford Berrington and Charlotte Berrington 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 Natalia Menshova (ID 18943A) vs Camelot Properties Limited (C 22692), Propinvest Limited (C 22690) and Clifford Berrington and Charlotte Berrington filed before the Rent Regulation Board on the 29th October, 2019, the applicant Natalia Menshova (ID 18943A) requested with respect that;

By means of an agreement dated 1st January, 2011, the applicant together with her partner Ralph Asciak leased the premises that is the house number 8, with the name The Robin, in Triq Santa Clara, Naxxar, from the respondent company Camelot Properties Ltd for thirty (30) years (Document attached and marked as Doc. A);

Ralph Asciak died on the 5th April, 2017, and the agreement gave the right that in case of death, the other person will retain all the rights as a tenant (clause 1c);

The parties had a girl together and lived in the premises but they had problems between them and a report of spoiliation and harassment was made by her partner Ralph Asciak and the police had evicted the applicant from her house although the lease was still valid at law;

The lease is still valid today and the applicant has the right to re-enter and live in the house from where she was illegally evicted because she has a valid lease at law;

It results that the respondent company rented the premises to third parties Clifford and Charlotte Berrington, although this lease was still valid;

Therefore, subject to any declaration that this Board deems fit, the applicants pleads with respect for the reasons premised so that this Board:

1. Orders the respondent/s or any one of them, so that within a short and peremptory time that is fixed by this Board they honour the lease agreement signed by them on the 1st January, 2011, and gives access and the keys of the premises number 8, Triq Santa Clara, limits of Naxxar, so that the applicant can once again reside in the premises;

2. Orders the tenant currently in the premises to vacate because they are without any title;

3. And also orders to the same respondent/s to pay the applicant the sum that is liquidated by this Board as a compensation for the diminuition in the enjoyment of the lease when she was illegally evicted.

With costs and legal interest against the respondent who is from now summoned so that a reference to his oath be made.

Plaintiff: Flat 13, Sikasa Court, Tower Street, Msida MSD 1000

Respondents:

1. Camelot Properties Ltd, 111/6, Triq Santa Luċija Valletta

2. Propinvest Ltd 111/6, Triq Santa Luċija, Valletta

3. Clifford and Charlotte Berrington, 8, The Robin, Triq Santa Klara, Baħar iċ-Ċagħaq NXR 5311

The application in the names Natalia Menshova vs Camelot Properties Ltd, Application number 244/2019JD, has been postponed for hearing to the 2nd March, 2020, at 10.00 a.m.

Registry of the Superior Courts, today 7th February, 2020

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

201

Bann for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 27th December, 2019, following a request by EMC Shipping Malta Limited it was ordered that deputy curators be chosen to represent the absent company Capello Maritime S.A. in the acts of the judicial letter number 3951/2018 in the names EMC Shipping Malta Limited 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 7th November, 2018, EMC Shipping Malta, a company incorporated and registered in Malta (C 67205) of 8, Sir Michelangelo Refalo Avenue, Ħal Balzan, Malta refers you: 1) Capello Maritime S.A. 80th Broad Street/Monrovia, Liberia, and 2) Capello Maritime S.A. Leof Posidonos 36, Alimos 174 55, Greece, to the amount of €58,145.45 due by you to the sender representing services rendered to you upon your instructions, as evidence in the statement attached herewith and marked Doc. A and the invoices reflected in the said statement which are also attached herewith and marked as Doc. B, in the amount of €53,329.81 and interest due from the date of the relative invoices up to the 31st October, 2018, at the rate of 8% in the amount of €4,815.64, which collective amount has not yet been paid by yourselves.

To this end, by means of the present judicial letter, the sender hereby calls upon you to within five (5) days from the notification of this judicial letter, pay the sum of €58,145.45 representing services rendered to you and interest due till the date of this judicial letter.

Failure to adhere to the requests made by the sender herein within the time conceded to you will leave the sender no other option but to proceed against you in terms of law.

The letter is being sent to you inter alia pursuant to article 2128 of the Civil Code (Cap. 16 of the Laws of Malta) and pursuant to article 891 of the Code of Organisation and Civil Procedure (Cap. 12 of the Laws of Malta).

With expenses and interest on the sum due in the amount of €53,329.81 from the respective date of each of the invoices until effective payment.

Interpellant: EMC Shipping Malta Limited – 8 Sir Michelangelo Refalo Avenue, Ħal Balzan, Malta

Respondents: Deputy Curators

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 this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Francesco Depasquale, LLM (IMLI) LLD, Doctor of Laws.

Today 27th December, 2019

Registry of the Superior Courts, today 7th February, 2020

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

202

DKR 239/2016 – Variation of a Freezing Order

It is being notified that by a decree dated 28th January, 2020, given by the Criminal Court (Mr Justice Dr Giovanni M. Grixti, LLD) following an application filed by Piero Di Bartolo on the 21st January, 2020, Compilation number 391/2016, in the case:

The Police

(Inspector Justine Grech)

Versus

Piero Di Bartolo, 45 years, son of Corrado and Carmela née Schifitto, born in Sicily on the 19th June 1974, residing at number 110, Vittoria, Triq Sant’Anġlu, Birżebbuġa Malta, holder of Italian identity card bearing number AG9040805 and Maltese identity card bearing number 194310L.

The Court Authorized the accused Piero Di Bartolo to open a bank account with HSBC Bank Malta in his name so that his salary will be deposited in this account. This account will remain affected by the freezing order.

This variation is being published according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta in accordance with Article 23A of Cap. 9 of the Laws of Malta following a freezing oder which decree was given by Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Marse-Ann Farrugia, LLD) on the 26th July, 2016, and published in the Government Gazette of the 5th August, 2016, whereas the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Piero Di Bartolo.

Today, 7th February, 2020

Registry of the Courts of Criminal Judicature (Malta)

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

203

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction, on the fifth (5th) of February of the year two thousand twenty (2020) (Application number 13/2020BS) Doris Mizzi and others requested the opening of the Succession of Georgina Briffa, wife of Charlie Briffa, daughter of the late Felix Spiteri and Carmena née Dimech, born in Xewkija, Gozo, and used to reside in Victoria, Australia, died in Victoria, Australia, on the tenth (10) of August of the year ninteen ninety-nine (1999), intestate, that Georgina Briffa was superseded by her two children, that according to law ab intestato in the period when Georgina Briffa died, the inheritance of the late Georgina Briffa devolved on her two children as to one half undivided (1/2) share each, which opening of succession of Georgina Briffa is to be made in favour of her two children Felix Briffa and Tania Sammut as to one half undivided (1/2) share each.

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

Registry of the Court of Magistrates (Gozo), Voluntary Jurisdiction

This 11th February, 2020

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

204

It is hereby notified that by an application filed in the Court of Magistrates (Gozo), Voluntary Jurisdiction, on the fifth (5th) of February of the year two thousand twenty (2020) (Application number 12/2020BS) Carmen Buttigieg and others requested the opening of the Succession of Anthony Buttigieg was a pensioner, son of the late Carmel Buttigieg and Mary Dolores née Spiteri, born and used to reside in Ta’ Sannat, Gozo, died in Victoria, Gozo, on the twenty fifth (25th) of September of the year two thousand and eighteen (2018), intestate, that the late Anthony Buttigieg was superseded by his wife Carmen Buttigieg and his two children Joseph Buttigieg and Jonathan Buttigieg, which opening of succession of Anthony Buttigieg is to be made as to one half (1/2) undivided share in favour of his wife Carmen Buttigieg and as to one half (1/2) undivided share betweeen them in favour of his two children above mentioned Joseph Buttigieg and Jonathan Buttigieg.

Registry of the Court of Magistrates (Gozo), Voluntary Jurisdiction

This 11th February, 2020

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

205

By means of a decree given on the 11th of February, 2020, by The Civil Court (Voluntary Jurisdiction Section) on an Application number 2153/2019 filed by Notary Doctor Charles Vella Zarb on behalf of Sydney also known as Sidney Carmelo Gatt, wherein it has been ordered the opening and publication of the secret will of Oscar Gatt (ID 0805930M), bachelor, son of the late Carmelo Gatt and the late Maria née Cassano, born in Vittoriosa, Malta, and died in Ħal Balzan, Malta, on the 21st May, 2019, aged 88 years.

The opening and publication are going to be held on Friday, 28th February, 2020, at half past eleven in the morning (11.30 a.m.) at the Annexe of the Law Courts at 34, Triq id-Dejqa, Valletta, under the ministry of Notary Doctor Charles Vella Zarb.

Registry of the Civil Court (Voluntary Jurisdiction Section)

Today the 11th February, 2020

CARMEN SCICLUNA

For the Registrar, Civil Courts and Tribunals

206

By means of a decree given by the Civil Court (Family Section) on the 27th January, 2020, in the records of the Application for Mediation in the names Borg Baldacchino Celine vs Borg Redeemer, Application Number 1095/2019/3 JPG, the following publication was ordered for the purpose of service of the respondent Celine Borg Baldacchino, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application presented in the Civil Court (Family Section) in the names Mediation Number 1095/2019 EC, in the names Celine Borg Baldacchino vs Redeemer Borg, the applicant Redeemer Borg Baldacchino (ID 549094M) respectfully pleaded:

That the parties have two children … omissis … aged 4 and … omissis … aged 8 months.

That by means of a decree of the 21st August, 2019, pendete lite this Court:

1. Entrusted the care and custody of the two minors to the respondent;

2. Ordered that the minor … omissis … starts to attend the primary Government School in Ħaż-Żabbar;

3. Authorised the respondent so that she enrolls the minor … omissis … in a child care centre without the consent of the interpellant.

That about six weeks ago the interpellant picked up the children for access and the respondent informed him that he could keep them.

That this was the second time that the respondent abdicated her responsibilities without a valid reason.

That since the interpellant does not have any means to communicate with the respondent except when she contacts him, in the eventuality that the minors require something urgent and the consent of the respondent is necessary, he does not have any means to communicate with her.

Thus in view of the above the interpellant respectfully prays this Honourable Court:

1. To order that this application be notified to Dr Mark Simiana, in order to provide any address of the respondent that he has;

2. To entrust the care and custody of the two minors pendente lite exclusively to the interpellant;

3. Authorise the respondent so that immediately he fills all the forms and applications which are necessary so that the minor starts to attend the school mentioned in the application without requiring the consent of the respondent.

The Application in the names Borg Baldacchino Celine vs Borg Redeemer, Application for Mediation Number 1095/2019/3 JPG, has been put off for hearing to Friday, 28th February, 2020, at 9.45 a.m.

Applicant: Redeemer, Triq l-Iżbandola, Ħal Qormi

Respondent: 53, Denfil House, Triq il-Ħut, Marsaskala

Registry of the Civil Courts (Family Section), today 12th February, 2020

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

207

By means of a decree given on the 15th of October, 2019, by the Civil Court (Voluntary Jurisdiction Section) in the application number 644/19 filed on the 11th of April, 2019, by Carmel sive Charlie Attard and Mary Attard whereas they prayed this Honourable Court to declare absent and nominate a curator for the absent Giovanni Cassar, son of Giuseppe Cassar and Evangelista Cassar nee Xiberras, born in Xewkija on the 21st of December, 1916, with birth certificate number 70/17, who has been absent from these islands and no news about him was ever heard, to administer his assets and to take all the necessary orders to safeguard all his property, this Court ordered the issuing of this Notice, in terms of Article 194 et sequitur of Cap. 16.

Whosoever has any news of the existence of the said Giovanni Cassar is required to communicate it to the Registrar Civil Courts (Voluntary Jurisdiction Section), for the information of the said Court, within one month from the day of the publication of this Edict in the Government Gazette.

By order of the Court above mentioned.

Registry of the Civil Court (Voluntary Jurisdiction Section), today the 11th day of February, 2020

MELISSA GALEA

For the Registrar Civil Court and Tribunals

208

By decree of 28th November, 2019, given by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 187 (3) of the Code of Organisation and Civil Procedure (Chapter 12).

By a note filed in the Civil Court, First Hall on 21st May, 2019, by Saviour and Dolores spouses Vella (ID 1055444M and ID 404464M) are asking to enter as another execution creditor in the judicial sale number 7/19 in the names Peter Paul Cutajar (ID 195660M) vs Rosario Carabott et, since they are creditors of Rosario Carabott (ID 678946M) and Maria Carabott (ID651949M) in the sum of twenty-five thousand eight hundred and three euro and thirty-seven cents (€25,803.73) with interest and costs as per judgement of the Hon. Toni Abela, Application number 678/18, given on 12th February, 2019.

Registry of the Civil Court First Hall, this Friday, 17th January, 2020

MARVIC FARRUGIA

Għar-Reġistratur, Qrati Ċivili u Tribunali

209

Notice Registry of the Civil Court, First Hall

Whereas Pilar Helen Upchurch (ID 521743M) filed an application under oath (No. 1206/2019/JVC) demanding the correction of the Act of Birth No: 5217/1943 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

Registry of the Superior Court, today 12th of February, 2020

KAREN FALZON

For the Registrar, Civil Courts and Tribunals

210

By means of a decree given by the Civil Court (Family Section) on the 4th June, 2019, by the Court herein mentioned (AGV) in the records of the Application in the names Arpa Cane vs Arpa Tammy, Application Number 76/2019 AGV, the following publication was ordered for the purpose of service of the respondent Tammy Arpa, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Civil Court (Family Section) in the names Cane Arpa (ID 510885M) vs Tammy Arpa (ID 535291M) on the 14th March, 2019, the applicant Cane Arpa (ID 510885M) asked the defendant to state why this Honourable Court should not:

1. Declare and pronounce the personal separation between the contending parties for reasons imputable to the defendant and uphold the other demands in the application.

With costs against the defendant summoned so that a reference to her evidence be made.

The Sworn Application in the names Arpa Cane vs Arpa Tammy, Application Number 76/2019 AGV, has been put off for hearing to Wednesday, 4th March, 2020, at 9.00 a.m.

Respondent: 21, Triq il-Parroċċa, Mosta

Registry of the Civil Courts (Family Section), today 13th February, 2020

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

211

DKR 1/2020 – GENERAL INTERDICTION

It is being notified that by judgement dated 9th January, 2020, given by the Criminal Court of Appeal (Madame Justice Dr Consuelo Scerri Herrera LLD), Appeal Number 309/2018, in the case in the names:

The Police

(Inspector Rennie Stivala)

Versus

Generoso sive Jimmy Sammut, 65 years, son of Carmelo, born in Tal-Pietà, Malta on the 24th February, 1954, residing at number 32, Triq Ferdinand Hompesch, Siġġiewi, Malta and holder of Maltese Identity Card number 203454M.

The Court ordered the general interdiction, also the interdiction to serve as an architect or as a witness except before the Court of Justice and this for a period of ten (10) years starting from judgement date of the said Generoso sive Jimmy Sammut and this according to section 109 of Chapter 9 of the Laws of Malta.

This is being published according to section 10(7) of Chapter 9 of the Laws of Malta.

Today, 11th January, 2020

Registry of the Courts of Criminal Judicature (Malta)

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

gov.mt

Court Notice

Court Notices published in Govt. Gazette No. 20,347 of 14 February 2020