Issue link: https://maltatoday.uberflip.com/i/1421642
9 maltatoday | SUNDAY • 24 OCTOBER 2021 COURT NOTICE The Registrar, Civil Courts and Tribunals notifies that the First Hall of the Civil Court ordered the sale by Judicial Auction of the following property to be held in room numbered 78, nearby the Courts Archives, Level -1, Courts of Justice, Republic Street, Valletta. Date Time Judicial Sale No Property 02 nd November, 2021 11.30am 22/17 – AZ Suban Theresa (ID295040M) Vs Schembri Mario (ID52660M) et Field known as 'Ta Buqana', limits of Rabat valued in an agricultural zone outside the development zone, with a total approximate of 2414 metre square, with access from countryside alley from a principal road; Triq Bubana. The field is longitudinal shaped with breadth of approxiamate 26.9 metre and length of approxiamate 98.5 metre with a lease of €4.66 per year and valued €22,100. 04 th November, 2021 10.30am 18/20 – EGL Giovanna sive Jane Vassallo (ID180443M) Vs Micallef Carmelo (ID826339M) The urban tenement number 56 previously 71, Triq Hal Bajjada, Rabat, Malta, consisting of house that overlooks an internal large common yard, shared with third parties, with unknown boundaries and valued at €280,000. 04 th November, 2021 11.00am 77/16 – JGL Auto Sales Limited (C491) Vs Portelli Pauline (ID42180M) Property named 'Redentur', in Sqaq il- Ġerrejja, limits of Triq is-Serkin, Marsa, free and unencumbered valued at €240,000. 04 th November, 2021 11.30am 3/21 – JGL Muscat Ryan (ID539691M) et Vs Attard Mario (ID137376M) The tenement 124 previously number 37, in Paris Street, Zebbug, Malta, free and unencumbered from ground rents and burdens, with all its rights and appurtenances, and valued at €150,000. 04 th November, 2021 12.00pm 9/20 – AZ Seabank Hotel and Catering Limited (C40319) Vs Portelli Joseph Mary (ID536861M) et Two garages internally numbered 5 and 6 on the second level (upper basement) forming part of a building of basement garages with car access entrance from Triq il-Merluzz and exit from Triq it-Turisti in Qawra, San Pawl il-Bahar. The usage of these two garages was changed as garages were connected with another two immovable properties next to garage number 6, previously also garages, numbered 7 and 8. This underground space which previously was occupied by a total of four garages changed to a kitchen and an office. Vertical connections were made in the space previously garage number 6 with the overlying property; 'Da Michele' cafeteria, situated in Triq il-Maskli corner with Triq it-Turisti, San Pawl il-Bahar. These connections consists of an internal staircase and also a hoist (lift) for uploading and unloading food and objects related to the kitchen underlying the cafeteria. The tenement which was garage number 5 has a basement common driveway, with in perpetual and uninterrupted access from a drive in which provides access, and which garages are without airspace and without their sub terrain, subject and enjoys the servitudes resulting from their position, with the right of perpetual and uninterrupted use and with access with vehicle and on foot of the common areas and services of the garage complex and valued at €105,000. 09 th November, 2021 10.30am 14/17 – EGL Dr Edward DeBono noe Vs Hili Paul (ID501758M) et Villa named 'Is-Sienja' formely named "Casa Sant Manduca" without official number in Triq Ras il-Wardija formerly known as Triq San Gorg in Wardija, limits of San Pawl il- Baħar together with the adjacent lands which form an integral part of it with approxiamate measurement of 15,800 sqm. The said villa and the adjacent lands are bounded by North with the said street and on the South and West by property of John Dei Conti Sant Manduca or his successors in title, which property is free and unencumbered, with all its rights and enjoyments, valued at €13,600,000. 09 th November, 2021 11.00am 23/18– JGL Dr Edward DeBono noe Vs Borg Jean Pierre sive Jean (ID473467M) A) Cave measuring approximately 29.41m2, accessible from a common pathway leading in Triq San Gakbu and bounded to the west southwest by the common pathway, to the northwest by property herein described - indicated as property A in the architect report and the attached photos, exempt from any ground rents and any other burdens B) Portion of agriculture land, The said flat and garage are subjects to and enjoy servitudes resulting from their position the rest free and encumbered with all its rights and appurtenances. 18 th November, 2021 11.00am 39/18EGL HSBC Bank Malta p.l.c. (C3177) Vs Curmi Martin (ID559564M) Temporary utile dominium of the terraced house, officially numbered 68 built on a portion divided of land plot number 439 in Triq Dun Amabile Sisner, Pembroke, as subject to annual and perpetual ground rent of €121.13 per year. The ground rent ending the twenty-fifth year period from the 6th March, 1988 is revisible every twenty-five years and will be increased by 15% of annual ground rent as described in the public contract in the acts of Notary Anthony Grech Trapani dated 17th November, 1999, by which the said property was acquired from the Housing Authority, valued at €728,875. 18 th November, 2021 12.00pm 21/20 – AZ Muscat Maria (ID110530M) Vs Muscat Bastjan (ID935449M) et The tenement with two doors numbered 31 and 33 in tletin Triq San Bastjan, Ħal Qormi with direct access from the street valued at €285,000. 23 rd November, 2021 10.30am 50/18 – AZ Cauchi Lawrence (ID527658M) et Vs Spiteri Patrick Dr (ID43465M) et The unnumbered property known as 'Palazzo Gherxija' together with three portions of land known as 'Ta Giar' or 'Ta Gherixija' in the district known as 'Ta' Wied Qannotta', limits of St. Paul's Bay, which land comprises of a plot of land measuring approximately of 1597m² consisting of 4 adjoining fields containing an unnumbered farmhouse and a chapel dedicated to the Nativity of the Blessed Virgin Mary, a plot of land measuring approximately of 4604m² situated between 'Ta Gherixija' land and 'Wied Qannotta' consisting of three adjoining fields and a plot of land measuring approximately of 18,527m² to the south of 'Wied Qannotta', consisting of three adjoining fields and subject to a pious burdens in perpetual of €22.85 equivalent to Lm9.80,8 and valued at €7,500,000. 23 rd November, 2021 11.00am 49/13 – AZ HSBC Bank Malta p.l.c. (C3177) Vs Risea Ltd (C30901) Shop officially numbered 720 in Triq il- Kbira, Ħamrun with entrance on groundfloor level, without airspace, underlying third parties property, with a common rainwater and drainage system with the overlying property and is subject to servitudes resulting from its relative position. The property is subject to an annual and perpetual ground rent of €465.87 and valued at €255,000. Tenement officially numbered 721 in Triq il- Kbira, Ħamrun situated on the right side of the shop officially numbered 720, with entrance from groundfloor level, without airspace and courtyard at the back, underlying third party property, with a common rainwater and drainage system and is subject to servitudes resulting from its relative position, free and unencumbered from any burdens, valued at €132,000. 23 rd November, 2021 11.30am 32/16 – JGL Bank of Valletta p.l.c. (C2833) Vs Merger Enterprises Limited (C7066) Unnumbered garage named 'Elia' in Cannon Road, Qormi other times referred to as Santa Venera. The said garage is bounded on East by Cannon Road, North by property of Emanuel Galea and on the south by property of Carmelo Dingli or his successors in title and subject to annual and sub perpetual ground rent of €41.05 payable directly to the subdirectors, payable annually in advance, free and unencumbered with all its right and appurtenances, tale quale and with vacant possession valued at €235,000. Further details can be obtained from the website: https://ecourts.gov.mt/onlineservices/JudicialSales The bidders taking part in the auction must present their identity card Gaetana Aquilina For the Registrar of Civil Courts and Tribunals John Gauci, measuring approximately 958.99m², together with a water reservoir approximately length of 9.87m accessible from a main gate situated in Triq San Gakbu, bounded on the west by property of Carmelo Scicluna or his successors in title, east by a common path, north by property herein described and indicated as property C. This land along with other land, enjoys water reservoirs and water springs and it is exempt from any burdens as well as ground rents which the said property is subject to and is situated in Outside Development Zone, free and unencumbered, with all its rights and appurtenances. D) Portion of agriculture land which currently is being worked by John Gauci, known as "Iz-Zebbug ta' Fuq", measuring approximately 767.33m², accessible from a main gate situated in Triq San Gakbu, bounded by the east with Triq San Gakbu, south by property herein described and west by property of family Bugeja, at times also referred to as bounded by west by a sies and indicated as property D. This land along with other land, enjoys water reservoirs and water springs and is exempt from any burdens as well as ground rents which the said property is subject to and is situated in an Outside Development Zone, free and unencumbered, with all its rights and appurtenances. E) Portion of agriculture land is subjected to right of common pathway and water canal which currently is being worked by John Gauci, known as "Ir-Roqa t'isfel", measuring approximately 963.02m², accessible from a main gate situated in Triq San Gakbu, bounded on the north by property of Baron Salvatore Testaferrata Moroni Viani or his successors in title, south by property of Carmelo Scicluna or his successors in title and west by property herein described and marked as property E. This land along with other land, enjoys water reservoirs and water springs and is exempt any burdens as well as ground rents which the said property is subject to and is situated in an Outside Development Zone, free and unencumbered, with all its rights and appurtenances. F) Cave in the vicinities being used as a storage, part of which is underlying property of Carmelo Scicluna or his successors in title, approximately measuring 24.76m² accessible from a main gate situated in Triq ta' San Gakbu, bounded on the north by a common path, and the other compass points by property of Carmelo Scicluna or the common areas and services of the garage complex and valued at €105,000. 09 th November, 2021 10.30am 14/17 – EGL Dr Edward DeBono noe Vs Hili Paul (ID501758M) et Villa named 'Is-Sienja' formely named "Casa Sant Manduca" without official number in Triq Ras il-Wardija formerly known as Triq San Gorg in Wardija, limits of San Pawl il- Baħar together with the adjacent lands which form an integral part of it with approxiamate measurement of 15,800 sqm. The said villa and the adjacent lands are bounded by North with the said street and on the South and West by property of John Dei Conti Sant Manduca or his successors in title, which property is free and unencumbered, with all its rights and enjoyments, valued at €13,600,000. 09 th November, 2021 11.00am 23/18– JGL Dr Edward DeBono noe Vs Borg Jean Pierre sive Jean (ID473467M) A) Cave measuring approximately 29.41m2, accessible from a common pathway leading in Triq San Gakbu and bounded to the west southwest by the common pathway, to the northwest by property herein described - indicated as property A in the architect report and the attached photos, exempt from any ground rents and any other burdens B) Portion of agriculture land, currently being worked by John Gauci, known as "Tal-Laring", measuring approximately 774.28m², accessible from a main gate situated in Triq San Gakbu, bounded on the south and in part also on the west by property of Carmelo Scicluna or his successors in title, in part on the west with a common path, and on the east by property herein described - indicated as property B. This land along with other lands, enjoys reservoirs and water springs and it is exempt from any burdens as well as ground rents which the said property is subject to and is situated in Outside Development Zone, free and unencumbered, with all its rights and appurtenances. C) Portion of agriculture land as subjected to a right of pathway and of water canals, which currently is being worked by NEWS jurisdiction of the court and deprive the individual of his Constitutionally guaranteed right of access to the court, Ab- ela ruled. If the court does not have the power to order that a warrant be shown, and therefore see if the law was obeyed, "the Head of the Security Services would have been placed above the law, something which could not have passed through the mind of the legislator who wishes to protect the Constitution, as it is axiomatic that in the Rule of Law, nobody is above the law. An interpretation of the law in that sense must necessarily be an incorrect interpretation." Abela cited the European Court of Human Rights in Klass v Germany, which held that while national authorities enjoy a certain margin of apprecia- tion in choosing how to protect national security, there must also be adequate and effective safeguards against abuse. Surely, democratic societies find themselves threatened by highly sophisticated forms of espionage and terrorism, and States must be able to counter such threats with the secret surveillance of subversive ele- ments – that includes the sur- veillance of mail, post and tele- communications in exceptional conditions yet necessary in a democratic society to prevent crime. But the courts must take into account the circumstances of the case. Abela said the courts are "con- stitutional creatures" entrusted with the "absolute power… to annul even parliamentary laws, much more so scrutinise the actions of some Authority." The law was "crystal clear" that when a warrant is not pres- ent, it must logically and legally follow that the interception is against the law. The Court of Appeal in its su- perior jurisdiction had already ruled in July last year that a warrant was the best evidence of the legality of the phone taps and that in criminal proceed- ings the best evidence had to be produced. "Alternatively, we end up in a situation where a person can say what they want without the obligation to substantiate what they are saying… In the circum- stances, the Head of the Securi- ty Services, after having testi- fied that intercepts were made after a warrant was issued, can- not use the dispositions of the law to avoid exhibiting the best evidence that it was done ac- cording to law." Who bears responsibility? The other question pertinent to this case is whether the MSS is liable to any consequenc- es, given that its intercepts of George Degiorgio stumbled in- to what would later become the Caruana Galizia murder plot. Was the MSS then in a posi- tion to act and protect Caruana Galizia's life and what is being done to stop this from happen- ing again? And is the case against the Degiorgios, built around evi- dence which is now declared inadmissible, a prosecution that was designed to fail at the last hurdle? Whether anyone involved, from the Prime Minister down, will assume responsibility for this situation remains to be seen. But there is no denying that with this judgment, the intelli- gence-gathering rules have now changed and judicial scrutiny is the name of the game now. magius@mediatoday.com.mt Was the MSS then in a position to act and protect Caruana Galizia's life and what is being done to stop this from happening again? And is the case against the Degiorgios, built around evidence which is now declared inadmissible, a prosecution that was designed to fail at the last hurdle? Murder suspect George Degiorgio is seen peering through the back window of the prison van. Degiorgio and his brother are accused of executing the car bomb assassination of Daphne Caruana Galizia, along with Vincent Muscat, who has now pleaded guilty. Degiorgio was being tapped at the time of the murder on another case; he was intercepted calling his wife after the detonation of the bomb, from a remote location aboard his pleasure sea-craft