Issue link: https://maltatoday.uberflip.com/i/1474369
NEWS 9 maltatoday | SUNDAY • 17 JULY 2022 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 09 th August, 2022 11.30am 41/20 – AZ Turnkey Limited (C 55175) Vs Administration Investmnet Management Services Limited (C 19809) The apartment internally and unofficially marked number ten (C10), previously referred to as apartment number 8 in block named 'Myvon', forming part of the development without official number and named 'Expomax Block C, Triq it-Torri, Msida, which part measures circa 118sqm including the balconies measurement and is situated on the fourth-floor level – the level beneath the penthouse. The apartment is bounded from North East with Triq it-Torri, North West in part with property of the society IAS Limited and in part with the common areas and shafts of Expomax Block C, and in part with property of Brian Curmi or other correct boundaries, and is valued at €220,000. The penthouse internally marked number five (D5) measuring circa 133sqm including the terrace and balcony measurement, without its relative airspace, and forming part of the block 'Expomax Block D', in Triq it-Torri, Msida, bounded from North East with Triq it-Torri, South East in part with the common parts of the block Expomax Block D and in part with property of Saviour Chetcuti, West with property of Benny Farrugia or other correct boundaries, situated on the top floor level and is valued at €270,000. The apartment and the penthouse here mentioned are free and unencumbered, subject to passive servitudes and enjoy active rights, resulting from their position as part of the block of building. The block shafts and the yards are property of the landowner, but they are subject to existing servitudes in favour of the relative apartments and penthouses which have the apertures in each shaft and yard and also those which can be built in the future. The areas for the common use like the stairs and the lifts are subject to the use of perpetual trasferable right together with the apartments and the penthouses as described in the acts of Notary Anthony Hili dated 31.10.2019. 11 th August, 2022 10.30am 64/14 – EGL Bank of Valletta p.l.c. (C 2833) Vs Amity Development Limited (C 37831) i) Maisonette on ground floor level in a semi-finished state accessible by common drive in which drive in can also be used from the 3 car garage, with all its rights and appurtenances resulting from its relative position including possibility but not limited servitudes of overlying windows and balconies and terraces, rainwater, including drains and drainage pipes and any other rights and servitudes from its position valued at €255,000. ii) Three car garage (3) on the ground floor level accessible by common drive which also provides to a ground floor level maisonette with all its rights and appurtances and servitudes resulting from its position valued at €45,000, iii) Twelve car garage (12) in semi basement level accessible by common drive which abuts in Triq Notabile, Attard with all its rights and appurtances and servitudes resulting from its position valued at €99,400; iv) One car garage in semi basement level accessible by common drive which abuts in Triq Notabile, Attard with all its rights and appurtances and servitudes resulting from its position valued at €17,500; The said maisonette and garages are built on a portion of land which previously was built the house name 'Rustica' in Notabile Road, Attard, which portion of land is bounded on Southeast by the said street, West by property of Joseph and Carmen Mifsud, North by property of Alfred Grech or his successors in title, free and unencumbered with all its rights and appurtenances. v) One bedroom (1) penthouse built on a block of 4 apartments which block is officially numbered 17 named 'Mdina View Court' in Triq il-Larinġ, Attard. The said block is built on plot number 20 from the land of tal-Bajdun, Attard and including with the penthouse its relative airspace as well pro rata share from the common parts including the system of drains and drainage, free and unencumbered with all its rights and appurtenances and all the servitudes resulting from its relative position sia active and passive and One Car garage, unnamed and unnumbered, but privately numbered 5 underlying flat number (4) situated in a basement of 8 garages accessible including its share of the ramp and the common parts accessible from a common ramp, which entrance is unnumbered and abuts in Triq il- Larinġ, Attard. The said garage is the second garage on the right when entering the basement from the drive in and has a backyard with a window in it; the backyard has all the drains for the rainwater. The garage is free and unencumbered with all its rights and appurtenances. This garage is bounded by all compass points with the estate of spouses Briffa or their successors. The penthouse and garage are valued at €131,000. vi) Garage in shell form, unnumbered officially and name of 'Mariella', previously known as 'Salvu Garge, in Triq Luigi Rosato, known as Triq Wiġi Rosato and formerly known as new road in Triq San Mikiel, Bormla with all its right and appurtenances. The said garage bounded on East with the said street, Southwest by William Street and Northwest by property of Dr. Daniel Piscopo valued at €60,000. vii) Shell form shop, unnumbered officially and name of 'Mariella', previously known as 'Salvu Garge, in Triq Luigi Rosato, known as Triq Wiġi Rosato and formerly known as new road in Triq San Mikiel, Bormla with all its right and appurtenances. The said garage bounded on East with the said street, Southwest by William Street and Northwest by property of Dr. Daniel Piscopo valued at €12,000. 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 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 09 th August, 2022 11.30am 41/20 – AZ Turnkey Limited (C 55175) Vs Administration Investmnet Management Services Limited (C 19809) The apartment internally and unofficially marked number ten (C10), previously referred to as apartment number 8 in block named 'Myvon', forming part of the development without official number and named 'Expomax Block C, Triq it-Torri, Msida, which part measures circa 118sqm including the balconies measurement and is situated on the fourth-floor level – the level beneath the penthouse. The apartment is bounded from North East with Triq it-Torri, North West in part with property of the society IAS Limited and in part with the common areas and shafts of Expomax Block C, and in part with property of Brian Curmi or other correct boundaries, and is valued at €220,000. The penthouse internally marked number five (D5) measuring circa 133sqm including the terrace and balcony measurement, without its relative airspace, and forming part of the block 'Expomax Block D', in Triq it-Torri, Msida, bounded from North East with Triq it-Torri, South East in part with the common parts of the block Expomax Block D and in part with property of Saviour Chetcuti, West with property of Benny Farrugia or other correct boundaries, situated on the top floor level and is valued at €270,000. The apartment and the penthouse here mentioned are free and unencumbered, subject to passive servitudes and enjoy active rights, resulting from their position as part of the block of building. The block shafts and the yards are property of the landowner, but they are subject to existing servitudes in favour of the relative apartments and penthouses which have the apertures in each shaft and yard and also those which can be built in the future. The areas for the common use like the stairs and the lifts are subject to the use of perpetual trasferable right together with the apartments and the penthouses as described in the acts of Notary Anthony Hili dated 31.10.2019. 11 th August, 2022 10.30am 64/14 – EGL Bank of Valletta p.l.c. (C 2833) Vs Amity Development Limited (C 37831) i) Maisonette on ground floor level in a semi-finished state accessible by common drive in which drive in can also be used from the 3 car garage, with all its rights and appurtenances resulting from its relative position including possibility but not limited servitudes of overlying windows and balconies and terraces, rainwater, including drains and drainage pipes and any other rights and servitudes from its position valued at €255,000. ii) Three car garage (3) on the ground floor level accessible by common drive which also provides to a ground floor level maisonette with all its rights and appurtances and servitudes resulting from its position valued at €45,000, iii) Twelve car garage (12) in semi basement level accessible by common drive which abuts in Triq Notabile, Attard with all its rights and appurtances and servitudes resulting from its position valued at €99,400; iv) One car garage in semi basement level accessible by common drive which abuts in Triq Notabile, Attard with all its rights and appurtances and servitudes resulting from its position valued at €17,500; The said maisonette and garages are built on a portion of land which previously was built the house name 'Rustica' in Notabile Road, Attard, which portion of land is bounded on Southeast by the said street, West by property of Joseph and Carmen Mifsud, North by property of Alfred Grech or his successors in title, free and unencumbered with all its rights and appurtenances. v) One bedroom (1) penthouse built on a block of 4 apartments which block is officially numbered 17 named 'Mdina View Court' in Triq il-Larinġ, Attard. The said block is built on plot number 20 from the land of tal-Bajdun, Attard and including with the penthouse its relative airspace as well pro rata share from the common parts including the system of drains and drainage, free and unencumbered with all its rights and appurtenances and all the servitudes resulting from its relative position sia active and passive and One Car garage, unnamed and unnumbered, but privately numbered 5 underlying flat number (4) situated in a basement of 8 garages accessible including its share of the ramp and the common parts accessible from a common ramp, which entrance is unnumbered and abuts in Triq il- Larinġ, Attard. The said garage is the second garage on the right when entering the basement from the drive in and has a backyard with a window in it; the backyard has all the drains for the rainwater. The garage is free and unencumbered with all its rights and appurtenances. This garage is bounded by all compass points with the estate of spouses Briffa or their successors. The penthouse and garage are valued at €131,000. vi) Garage in shell form, unnumbered officially and name of 'Mariella', previously known as 'Salvu Garge, in Triq Luigi Rosato, known as Triq Wiġi Rosato and formerly known as new road in Triq San Mikiel, Bormla with all its right and appurtenances. The said garage bounded on East with the said street, Southwest by William Street and Northwest by property of Dr. Daniel Piscopo valued at €60,000. vii) Shell form shop, unnumbered officially and name of 'Mariella', previously known as 'Salvu Garge, in Triq Luigi Rosato, known as Triq Wiġi Rosato and formerly known as new road in Triq San Mikiel, Bormla with all its right and appurtenances. The said garage bounded on East with the said street, Southwest by William Street and Northwest by property of Dr. Daniel Piscopo valued at €12,000. 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 with the common parts of the block Expomax Block D and in part with property of Saviour Chetcuti, West with property of Benny Farrugia or other correct boundaries, situated on the top floor level and is valued at €270,000. The apartment and the penthouse here mentioned are free and unencumbered, subject to passive servitudes and enjoy active rights, resulting from their position as part of the block of building. The block shafts and the yards are property of the landowner, but they are subject to existing servitudes in favour of the relative apartments and penthouses which have the apertures in each shaft and yard and also those which can be built in the future. The areas for the common use like the stairs and the lifts are subject to the use of perpetual trasferable right together with the apartments and the penthouses as described in the acts of Notary Anthony Hili dated 31.10.2019. 11 th August, 2022 10.30am 64/14 – EGL Bank of Valletta p.l.c. (C 2833) Vs Amity Development Limited (C 37831) i) Maisonette on ground floor level in a semi-finished state accessible by common drive in which drive in can also be used from the 3 car garage, with all its rights and appurtenances resulting from its relative position including possibility but not limited servitudes of overlying windows and balconies and terraces, rainwater, including drains and drainage pipes and any other rights and servitudes from its position valued at €255,000. ii) Three car garage (3) on the ground floor level accessible by common drive which also provides to a ground floor level maisonette with all its rights and appurtances and servitudes resulting from its position valued at €45,000, iii) Twelve car garage (12) in semi basement level accessible by common drive which abuts in Triq Notabile, Attard with all its rights and appurtances and servitudes resulting from its position valued at €99,400; iv) One car garage in semi basement level accessible by common drive which MATTHEW AGIUS IN what is understood to be a first for Malta, three judges making up the Constitutional Court have recused themselves from presiding over the retrial of a constitutional case filed by disbarred former lawyer Patrick Spiteri, as two of them had de- livered the judgement around which his constitutional claim revolved. Spiteri, who is facing fraud and misappropriation charges in a €7.4 million case dating back 20 years, had been arrested in Sur- rey, England in 2017 and extra- dited to Malta. Spiteri was even- tually granted bail on several conditions, amongst them that he not leave the Maltese islands. In June 2019, he asked the courts to relax his bail condi- tions to allow him to travel. In- itially rejected, a second request was upheld but then appealed by the Attorney General. Earlier in March 2022 the Constitutional Court rejected his claim that the courts had breached his fundamental rights. Then in May Spiteri filed for a retrial of his constitutional case; the AG argued that Spiteri had no legal right to request a retrial in constitutional proceedings. On 22 June, Spiteri then re- quested that the three judges presiding the Constitutional Court to recuse themselves, in view of the fact that the same judges had handed down the March judgement he was chal- lenging. In a decision handed down on 18 July, by Chief Justice Mark Chetcuti, Mr Justice Giannino Caruana Demajo and Mr Justice Anthony Ellul, the judges upheld Spiteri's request, observing that both the Code of Organisation and Civil Procedure and juris- prudence stated that retrial pro- ceedings should not be heard by the same judges that delivered the original judgement. They upheld the recusal re- quest, ruling that it would be fitting that the preliminary plea in those same proceedings are presided by judges not involved in the hearing of the appeal. magius@mediatoday.com.mt Disbarrred lawyer Patrick Spiteri gets constitutional judges' recusal