gov.mt

CourtNotices0306

03/06/2022

Court Notices published in Government Gazette No. 20,871 of 3rd June 2022

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953

 

By decree given by the Civil Court, First Hall, on the 30th May, 2022, on the application of HSBC Bank Malta p.l.c. (C3177), Thursday, 22nd September, 2022, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

 

The tenement number thirty (30) named Massabielle previously named Mount Tabor, in Pjazza Kappillan Muscat, Hamrun, partially overlying third party property, free and unencumbered with all its rights and appurtenances, as better described in the acts of Notary Anthony Spiteri Debono dated twentieth February, two thousand and six (20.2.2006) by which the property was acquired through a donation from Josephine Theuma and valued at two hundred and ninety five thousand euro (€295,000).

 

The said tenement is the property of Borg Eman (ID 252980M).

 

N.B. The said tenement will be sold as described in the acts of judicial sales number 29/2021.

 

Registry of the Superior Courts, this Monday, 30th May, 2022

 

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

 

954

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 23rd February, 2022, Application number 329/2022 by Joseph Pace and Geraldine Cooper, whereby following the application Gemma Pace, unmarried, pensioner, daughter of the late Giuseppe Pace and Erminia Pace nee Galea, born in Vittoriosa on the 15th September, 1922, aged 99, and holding identity card number 551122M, was incapacitated by means of a decree given on the 19th April, 2022, under the conditions therein mentioned.

 

Registry of the Civil Court (Voluntary Jurisdiction Section)

Today 30th May, 2022

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

 

955

 

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 27th January, 2022, Application number 169/2022, by Mary sive Mariella Callurs, Joseph Xuereb, Victor Xuereb Anna Zammit, Pierre Xuereb and Catherine Xuereb, whereby following the application Francis Xuereb, husband of Catherine Xuereb, son of the late Giuseppe Xuereb and Angela Xuereb née Gatt, born in Naxxar on the 17th April, 1934, aged 87, residing in Naxxar, Malta and holding identity card number 322534M, was interdicted from all the acts of the civil life by means of a decree given on the 19th April, 2022.

 

Registry of the Civil Court (Voluntary Jurisdiction Section)

 

Today 30th May, 2022

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

 

956

 

By decree given by the Civil Court, First Hall, on the 30th May, 2022, after the application of HSBC Bank Malta plc (C3177), Thursday, 22nd September, 2022, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

 

The penthouse internally marked number five (5), on the third floor level, with its airspace, with the right of access from the common areas, overlying other apartments and forming part of a block of apartments named Fair Winds, previously or other times indicated as Castagna House, in Triq l-Iskal, Marsaskala. The roof and the airspace are subject to the right of installation and maintenance of a water tank, television aerial and air conditioner unit of the maisonette named Mandy Castagna House, as well as subject to the installation and maintenance of a solar water heater/panel, three air conditioning units, one water tank, satellite dish and aerial of the underlying apartment, bounded West by the said street, North and East with the successors in title of Maximilian and Mary spouses Castagna. The penthouse is exempted from any payments of any ground rent and sub ground rent, free and unencumbered and with all its appurtenances, with the passive servitudes resulting from its location, as better described in the acts Notary Ruben Casingena dated twenty fifth (25) August, two thousand and nine (2009), and is valued at three hundred and forty thousand euro (€340,000).

 

The said tenement is the property of Mallinowski Steffen (ID 21795A).

 

N.B. The said tenement will be sold as described in the acts of judicial sales number 30/2021.

 

Registry of the Superior Courts, this Monday, 30th May, 2022

 

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

 

957

 

By order given by the Civil Court, First Chamber, on 8th February, 2021, in the acts of the Sworn Application number 1213/2020FDP, which was filed on 18th December, 2020, in the names Camland Ltd vs Grech Joseph, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: Appoint curators to represent potential defaulters on the same act of sale. With all costs including those of the official letter of 27th November, 2020, against the defendant, summoned so that a reference to his evidence be made.

 

The Sworn Application in the above names is adjourned for 14th July, 2022, at 9.00 a.m.

 

Notification Respondent: Grech Joseph, 16A, Sqaq Bisazza, Tas-Sliema

 

Registry of the Superior Courts, today 31st May, 2022

 

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

For the Registrar, Civil Courts and Tribunals

 

 

 

958

 

By order of the Court of Appeal of 21st December, 2021, in the acts of the Sworn Application number 70/2021, filed on 16th September, 2021, in the names Aquilina Maria Theresa vs Zerafa Joseph, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: In terms of Articles 23 and 24 of the Marriage Act, Cap. 255 of the Laws of Malta, it is stated that the marriage indicated above between the contenders is null and void for the purposes and all effects of the law and the above decision is enforceable in Malta and consequently it authorises the registration of the declaration of nullity of the marriage above for the purpose and all the effects of the law and orders that the relative entry is made in the marriage deed registered in the public register concerning the above-mentioned marriage.

 

Service Respondent: Joseph Zerafa, Sweet Breeze, Triq Adeodato Gatt, Ħaż-Żebbuġ

 

Registry of the Superior Courts, today 31st May, 2022

 

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

For the Registrar, Civil Courts and Tribunals

 

959

 

By order given by the Civil Court, First Hall, on 18th January, 2022, in the acts of the Sworn Application No. 968/2021AD, which was filed on 10th December, 2021, in the names Rx Construction Ltd vs M&M Commercials Ltd, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: The plaintiff's claims are unfounded in fact and in law and must be rejected as costs. Further exceptions might be included.

 

The Sworn Application in the above names is adjourned for 16th June, 2022, at 11.30 a.m.

 

Notice to Respondent: Rx Construction Ltd, 53, Solitaire, Triq ix-Xitwa Ħal Qormi

 

Registry of the Superior Courts, today, 31st May 2022

 

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

For the Registrar, Civil Courts and Tribunals

 

960

 

By means of a decree given by the Court of Appeal (Superior Jurisdiction) of 30th April, 2022, in the records of Application 790/2006 in the names of Jeffrey Mizzi and by decree of 27th August, 2007, Lucia widow of Jeffrey Mizzi, (ID 236170M) in her own name and as curator of her minor children … omissis … and … omissis … took over the case due to the death of the same Jeffrey Mizzi vs John Micallef in his own name and on behalf of and in representation of Johnny J. Company Limited (C1975) and by decree of 4th January, 2019, the records of the case in the name of John Micallef were transferred to the name of Rose Micallef (ID 0243742M) following his death, the following publication was ordered to serve as notification against the said Lucia Mizzi, in terms of Section 187 (3) et sequitur of Cap. 12 of the Laws of Malta.

 

By means of an Appeal Application by Rose Micallef (ID 0243742M) as the sole heir of John Micallef which acts were transferred onto her name by decree of the First Hall Civil Court of 4th January, 2019; and Johnny J. Company Limited (C1975) respectfully stated that following a sworn application of Jeffrey Mizzi, the First Hall of the Civil Court at the hearing of 30th November, 2020, non suited the respondent with the court upholding the first plea in law, declaring that the defendant John Micallef de proprio is not the legitimate defendant of the plaintiffs; … omissis … ; the Court dismissed the third plea of prescription; declared and ruled that defendant Johnny J. Company Limited (C1975) invaded and occupied a portion of land in Depiro Ridge, Panoramic Road, formerly Dingli Cliffs Road, Ħad-Dingli; condemned the defendant Johnny J. Company Limited (C1975) to vacate the said land within six (6) months from the delivery of judgment; authorized the plaintiffs to, at the expense of the defendant Johnny J. Company Limited (C1975), do whatever it was decided that the same defendant company should do in accordance with the second claim; and ordered Johnny J. Company Limited to pay the costs.

 

Whereas the appellants felt aggrieved by this judgment of 30th November, 2020, and humbly appealed to this Honourable Court of Appeal.

 

… omissis …

 

Whereas it is not understood how the First Hall of the Civil Court affirmed that there is no doubt about the title of the plaintiff since it was proved that Cotswold Limited did not sell to Daragon Limited a property that was originally in the possession of the farmer (gabillott) and never considered to be the property of Baron De Piro, so much so that it was excluded from the sale made by Cotswold Limited to the same Daragon Limited. The First Hall of the Civil Court could never have concluded that there was no doubt about the title of the plaintiff.

 

… omissis …

 

Therefore, the appellants while referring to the evidence and documents exhibited all in the records of the proceedings and while reserving the right to adduce further evidence and testimony in accordance with the law, humbly request this Honourable Court of Appeal to revoke the judgment of the Court of First Instance of 30th November, 2020, in so far as it upheld the first, second and third claims of the appealed parties and rejected the third to the fourteenth plea of the appellants, whilst confirming it as to the first plea of the appellants. With costs of both instances against the defendants.

 

Notification: Lucia Mizzi, 19, Block C, Flat 4, Triq Mac Iver, Mac Iver Flats, Tas-Sliema

 

Registry of the Superior Courts (Appeals), today 31st May, 2022

 

Dr Franco Bondin, LLD, M.Jur.

For the Registrar, Civil Courts and Tribunals

 

961

 

By decree of the 27th May, 2022, following a judgement given by the Civil Court, First Hall on the 26th November, 2020, on the application number 889/18 given by the Honourable Judge Francesco Depasquale in the names of Agius Robert Anthony (ID 258389M) vs Callus Kirsty (ID 358992M), Thursday, 10th November, 2022, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

 

Tenement internally marked with number nine (9) entrance letter 'C', forming part of Binja l-Imsieraħ, in Triq Tal-Balal, San Ġwann, situated on the fourth floor, including the undivided share of the common area and the roof and valued at circa of two hundred thousand euro (€200,000)

 

The said tenement is the property of Agius Robert Anthony (ID258389M) u Callus Kirsty (ID358992M) as per quotes indicated on the judgement given by the Hon. Judge Francesco Depasquale on the 26th November, 2020, in the names of Agius Robert Anthony (ID 258389M) Vs Callus Kirsty (ID 358992M) in application number 889/18.

 

N.B. The said tenement will be sold as described in the acts of judicial sales number 51/2020.

 

Registry of the Superior Courts, this Tuesday, 31st May, 2022

 

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

 

962

 

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 26th April, 2022, and upon an application numbered 189/2022, Ordered:

 

The Correction in the Act of Marriage bearing the number 2256/2014 so that in the column headed 'Name and surname' relating to 'Particulars of the husband' the surname 'Soumana Diori' is deleted and substituted by surname 'Diori' and that this is also reflected in the surname of the wife: Maria Elena.

 

The Correction of the same Act of Marriage bearing the number 2256/2014 so that in the column headed 'Date and Place of Birth and Identification Document' relating to 'Information on the husband' the words 'Zou Zou Beri' are deleted and substituted by the word 'Niamey'.

 

The Correction of the same Marriage Act bearing the number 2256/2014 so that in the column headed 'Name, Surname and Maiden surname of the Mother' the words 'Fati Fattay née 'Fattay' are deleted and substituted by the words 'Fatoumata Fataye Oumarou née Oumarou'.

 

The correction in the Act of Birth bearing the number 6321/2016 so that in the column headed 'Name or names by which the child is to be called and surname' as well as in the column headed 'Name and Surname' relating to the father's and mother's surnames, the words 'Soumana Diori' are deleted and substituted by the word 'Diori'.

 

The correction in the Act of Birth bearing the number 2987/2020 so that in the column headed 'Name or names by which the child is to be called and surname' as well as in the column headed 'Name and Surname' relating to the father's and mother's surnames, the words 'Soumana Diori' are deleted and substituted by the word 'Diori'. Also as with regards to the details of the maternal grandmother (parent 1 (b)) this should appear as 'Fatoumata Fataye Oumarou née Oumarou'.

 

Court of Revision of Notarial Acts, today Tuesday, 31st May, 2022

 

DR MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

 

963

 

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 30th May, 2022, and upon an application numbered 160/2022, Ordered:

 

The appropriate correction in the Act of Birth bearing the number 4982/1979, so that in the column headed 'Name or names by which the child is to be called' the name 'Anne' is deleted and substituted by the name 'Annie' and in the column headed 'Names given' the name 'Anne' is deleted so that the name appears as 'Annie, Elisabeth'.

 

The correction in the Act of Marriage bearing the number 664/2019 so that the name 'Anne' wherever it appears is deleted and substituted by the correct name 'Annie'.

Court of Revision of Notarial Acts, today, Tuesday, 31st May, 2022

 

DR MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

 

964

 

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 30th May, 2022, and upon an application numbered 409/2022, Ordered:

 

The appropriate correction in the Act of Marriage bearing the number 3200/2017 so that in the columns headed 'Parish', 'Date of the Act' and 'Church' wherever it recurs, the word 'Mellieħa' is deleted and substituted by the correct word 'Balluta'.

 

Court of Revision of Notarial Acts, today Tuesday, 31st May, 2022

 

DR MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

 

965

 

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 30th May, 2022, and upon an application numbered 395/2022, Ordered:

 

The Correction in the Act of Birth bearing the number 4866/1977 so that the appropriate annotations are made which show that the surname 'Pace' at birth is substituted with the surname 'Long' and in the column 'Names give' the names 'Suzette, Clara' are deleted so that only the name 'Alicia' appears.

 

Court of Revision of Notarial Acts, today Tuesday, 31st May, 2022

 

DR MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

 

966

 

By decree given by the Civil Court, First Hall, on the 3rd March, 2022, after the application of Malik Mohamedreda Hanka (ID 147373A), Tuesday, 5th July, 2022, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

 

The property which consists of two houses and a shop on which demolition work was carried out on the internal parts of the building, with one house having two doors on the facade on Triq Eldorado, Ħamrun numbered 57 and 59, while the other house had a door with number 22 on the façade that leads on Triq Brighella, Ħamrun. The shop was situated on the ground floor level, and has a door on each street, both without number, not subject to any servitudes in favour of third parties and includes the undivided share of the divided walls together with the other property owners, with its own airspace and valued at three hundred and ninety five thousand euro (€395,000).

 

The said tenement is the property of Administration Investment Management Services Limited (C1809).

 

N.B. The said tenement will be sold as described in the acts of judicial sales number 31/2021.

 

Registry of the Superior Courts, this Tuesday, 31st May, 2022

 

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

 

967

 

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 30th May 2022, and upon an application numbered 419/2022, Ordered:

 

That when the Director of the Public Registry comes to register the Act of Birth of Nicolas Andre in the Malta Public Registry, his correct name appears only as 'Nicolas Andre' and not as 'Nicolas Andre' Louis Dupre''

 

Court of Revision of Notarial Acts, today, Tuesday, 30th May, 2022

 

DR MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

 

968

 

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 30th May, 2022, and upon an application numbered 418/2022, Ordered:

 

That when the Director of the Public Registry comes to register the Act of Birth of Charlotte Dupre De Baubigny in the Malta Public Registry, her correct name appears only as 'Charlotte Dupre' and not as 'Charlotte Elizabeth Caroline Dupre'.

Court of Revision of Notarial Acts, today Tuesday, 30th May, 2022

 

DR MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

 

969

 

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 16th May, 2022, and upon an application numbered 350/2022, Ordered:

 

The correction in the relative column in the Act of Birth bearing the number 6240/2021 so that in the column headed 'Particulars of the parent (2) - Name and Surname' it is indicated that the surname at birth is Tobias so that the name and surname are indicated as 'Kathleen Faith Tobias Bustamante, at birth Tobias'.

 

Court of Revision of Notarial Acts, today, Tuesday, 31st May, 2022

 

DR MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

 

970

 

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 30th May, 2022, and upon an application numbered 420/2022, Ordered:

 

That when the Director of the Public Registry comes to register the Act of Birth of Juliet Barnett De Baubigny in the Malta Public Registry, her correct name appears as 'Juliet Barnett' and not 'Juliet Louise'.

 

Court of Revision of Notarial Acts, today Tuesday, 30th May, 2022

 

DR MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

 

971

 

By decree given by the Civil Court, First Hall on 3rd May 2022 on the application of Joseph Farrugia (ID732856M), Tuesday, 18th October, 2022, at half past ten in the morning (10:30 a.m.), has been fixed for the sale by auction, to be held in Room number 78 nearby the Archieves, Level -1, Court of Justice, Triq ir-Repubblika, Valletta, of the following property:

The tenement officially numbered fifty three (53) previously thirty (30) in Triq il-Kbira, Żurrieq, and two rooms one on each other that were taken from the tenement numbered twenty nine (29) in Triq il-Kbira, Żurrieq, that are adjacent to the property of the buyer and this according to the public deeds of eleventh October of the year one thousand nine hundred and eighty seven (11.10.1987) and of the twenty ninth of October of the year one thousand nine hundred and eighty five (29.10.1985) respectively. This tenement incorporates a three-storey building which approximately measures one hundred and seventy seven square meters (177m²) free and unencumbered with all its rights and appurtenances and with vacant possession including the roof and its overlying airspace, however presently the tenement is occupied by third parties and valued six hundred and thirty five thousand euro (€635,000).

 

The said tenement is the property of Żurrieq Football Club.

 

N.B. The said tenement will be sold as described in the acts of judicial sales number 51/2019.

 

Registry of the Superior Courts, this Wednesday, 1st June, 2022

 

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

 

972

 

Notice, Registry of the Civil Court, First Hall

 

Whereas Lucy Xerri sive Lucy Scerri (ID 39861M) filed an application (No. 424/2022JVC) demanding the correction of the Act of Public Registry number 594/1982 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 1st of June, 2022

 

Karen Falzon

For Registrar, Civil Courts and Tribunals

 

973

 

By order of the Court of Appeal (Superior Jurisdiction) of 28th April, 2022, in the records of Application 124/95 in the names Anthony (ID 479255M) and Jane (ID 285860M) spouses Scerri and by Decree dated 13th July, 2021, the records of Anthony Scerri were transferred onto the names of Jane Scerri, Rodienne Scerri (ID 604882M) and Abigail Scerri (ID 57999M) and Victor Mizzi (ID 650452M) and Mary Mizzi (ID 303750M) vs Michael Axisa as Director on behalf of and in representation of Lay Lay Company Limited and Michael A Fenech as Director and on behalf of Fenech Estates Company Limited pursuant to Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

 

By means of an Appeal Application of Victor and Mary Mizzi wherein they felt aggrieved by the Judgment delivered on 21st October, 2021, by the Hon. First Hall of the Civil Court, and are aggrieved as well by the preliminary judgment given by the first Court presided over differently and that is by the judgment of 13th January, 2004, and are humbly appealing today these two decisions.

 

Whereas the grounds of appeal are clear and manifest and consists of the following:

 

First ground of appeal – incorrect assessment of the evidence adduced: This consists in the fact that the Court of First Instance did not reconsider its preliminary decision by the preliminary judgment of 13th October, 2004, in which the Court erred in its ruling when it non suited the company Fenech Estates Limited. The Court of First Instance did not consider that in fact not only had Lay Lay Ltd undertook to sell and pay in toto by datio in solutium with work from the applicant, now an appellant, but even Lay Lay Ltd through Michael Axisa had also signed for Fenech Estates Limited, which owned half of the land in question.

 

… omissis …

 

Whereas the manifest ground of appeal is that the first Court as differently presided over did not have to remain subject to the erroneous preliminary decision when it confirmed that the case had been re-appointed in error (error iudicis) when the Cause was erroneously quoted 1170/1986 (res judicata) instead of 1171/86 (sub iudice).

 

Second ground of appeal: It follows that Fenech Estates Ltd could never have been non suited because the first Court upheld the validity of the agreement and the deed by which the spouses Mizzi had and must acquire land Plot 45 and half of Plot 46.

 

… omissis …

 

The Court of First Instance did not take into account the fact that since Lay Lay Ltd is obliged to honour and transfer the lands to Victor Mizzi and heirs Scerri as it undertook to do it also on the basis that such an obligation mentions the division and consideration between the two companies and therefore Fenech Estates also had to be ordered to appear on the contract of sale in order to transfer half of this property and the matter remains a matter of division and consideration in the division between the two companies in case 1171/86 which is still sub iudice.

 

Third ground of appeal: This ground of appeal consists in the fact that, as it was established that there was such an error, the Court of First Instance could not be conditioned by the same error because if the dispute was the on going division between the respondents it would have to accept back Fenech Estates Ltd as the respondent for all intents and purposes and would have to order that the matter remains one that in its merit remains valid only for the division, the subject of case 1171/86. Case 1171/86 is still pending the gathering of evidence after a quarter of a century of court sittings. The appellants should no longer be victims of an ongoing division that will continue when both companies know that they have authorized each other to sell and trade.

 

Therefore, this Honourable Court is hereby requested to set aside, revoke and revise the Judgment of the Honourable First Hall of the Civil Court in light of the preliminary decision of 13th October, 2004, and as subsequently confirmed by the same Court presided over differently in the final judgment of 21st October, 2021, reforming the judgment so that while confirming it in that part where it granted the first and second plaintiffs' claim against the company Lay Lay Ltd order and grant the first and second plaintiffs' claims also against Fenech Estates Limited after the same company is brought to judgment so that the two defendant companies are ordered to appear on the deed of final transfer of Plots 47 and half of Plot 46, Tal-Ħofra limits of Ħaż-Żabbar, in favour of Victor and Mary spouses Mizzi, confirms the same judgment ordering Lay Lay Ltd as represented by Michael Axisa to appear on the final deed of sale and reform it by including also such an obligation on Michael A. Fenech on behalf of Fenech Estates Ltd.

 

In addition, it is requested to confirm the judgment in so far as it ordered Notary Robert John Muscat to publish the final deed of sale and also confirm the judgment in which it nominated Dr Tanya Sammut to represent any contumacious party and confirm the same judgment ordering that such transfer and sale be made within three months of the date of the judgment, after considering and accepting the grievances humbly filed, with costs of the two instances against the appealed parties.

 

Notification: Fenech Estates Co. Ltd, 1, Marina Alley No. 3, Kalkara

Registry of the Superior Courts (Appeals, today 1st June, 2022

 

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

 

974

 

By decree given by the Civil Court, First Hall on 26th May, 2022, on the application of Alfred Azzopardi et, Wednesday, 15th June, 2022, at half past ten in the morning (10.30 a.m.) has been fixed for the sale by auction to be held at number 447, Triq il-Kbira San Ġuzepp, Santa Venera, of the following items seized from the property of Dusk & Dawn Company Limited et (C21800) et:

 

The items indicated in the invoices and marked as 'A' and 'B'as accoding the decree dated 14th March, 2022.

 

N.B. The said objects will be sold as described in the acts of Judicial Sale number 1/22.

 

Registry of the Superior Courts, this Wednesday, 1st June, 2022

 

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

 

975

 

Notice, Registry Of The Civil Court (Family Section)

 

Whereas the plaintiff Luisa Hogg, ID card number 473092M, presented application number 27/22AGV demanding corrections in the act of birth of Sebastian Hogg in the Public Registry.

 

Whoever 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,

 

This 1st June, 2022

 

Cettina Gauci

For Registrar, Civil Courts and Tribunals

 

976

 

By order of the Civil Court, First Chamber, Constitutional Court, on 4th November, 2021, in the acts of Constitutional Application number 449/21GM, filed on 2nd July, 2021, in the names Refalo Doris et vs Housing Authority et, the following publication has been ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent.

 

The applicant claims that the Court should, inter alia:

 

 

Condemn the respondents or any of them to pay the same compensation and damages thus liquidated in terms of the law, with legal interest until the date of effective payment.

 

At all costs against the respondents, who are from now on summoned so that a reference to their evidence be made.

The Constitutional Application in the above names is adjourned to 6th June, 2022, at 9.20 a.m.

 

Notice to Respondent: Schembri Leone and Roy, 198, Triq il-Vitorja, Ħamrun

 

Registry of the Superior Courts, today 2nd June, 2022

 

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

For the Registrar, Civil Courts and Tribunals

 

977

 

ARB/C036/2022 – FREEZING ORDER

 

IT IS BEING NOTIFIED that by a decree dated 10th May, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Gabriella Vella, LLD). Compilation Number 478/2019/1, in the case:

 

The Police

(Inspector Joseph Xerri)

(Inspector Doriette Cuschieri)

 

Versus

 

JONATHAN JAMES BORG, unemployed, 41 years, son of Henry Joseph and Maria Anne née Darmenia, born in Highwycombe, United Kingdom, on the 15th February, 1981, and residing at 119, Flat 1, Carob Court, Triq Mikielanġ Sapiano, Ħaż-Żebbuġ, and holder of Maltese identity card bearing number 198086M.

 

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to JONATHAN JAMES BORG and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this in terms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

 

The Court AUTHORISED the said accused to receive the amount of thirteen thousand, nine hundred and seventy-six euro (€13,976.00) per year, after the accused indicates with a note from where he is perceiving this money.

 

Any person who acts in contravention of the court order as mentioned in Article 5 and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six Euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve 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, 1st June, 2022

 

Director, Asset Recovery Bureau

 

978

 

ARB/C037/2022 – FREEZING ORDER

 

IT IS BEING NOTIFIED that by a decree dated 30th May, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD). Compilation Number 159/2022, in the case:

 

The Police

(Inspector Christabelle Chetcuti)

 

Versus

 

RANSDON DEBONO, 18 years, son of Alan and Tiziana née Falzon, born in Pietà, Malta on the 28th October, 2003, residing at 67, 'Deo Gratias', Triq San Bartolomew, Ħal Qormi, and holder of Maltese identity card bearing number 393003L.

 

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

 

Any person who acts in contravention of the court order as mentioned in Article 22A and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve 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, 2nd June, 2022

 

Director, Asset Recovery Bureau

 

979

 

By decree given by the Civil Court, First Hall, on the 25th May, 2022, on the application of Lombard Bank Malta plc (C1607), Thursday, 20th October, 2022, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

 

The tenemant named 'Chez Mary Anne', without official number in Triq is-Santwarju, Mensija, San Ġwann, consisting of a maisonette overlying another maisonette named 'St Joseph', which is third party property. This property is free and unencumbered, including its airspace, with all its rights and enjoyments and bounded on the north by Triq is-Santwarju and on the south and northeast by property of Saverio Micallef or his successors in title, with the drains and drainage system in common with the underlying maisonette and overlooking onto the underlying maisonette courtyard, valued at two hundred and twenty thousand euro (€220,000).

 

The said tenement is the property of Denise Buttigieg (ID 294069M)

 

N.B. The said tenement will be sold as described in the acts of judicial sales number 19/19.

 

Registry of the Superior Courts, this Thursday, 2nd June, 2022

 

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals​