Mur Lura
Court Notices published in Govt. Gazette No. 19,361 of 26 December 2014
01/01/2014
Notice 2020
2020By a decree of the 23rd October, 2014, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Articles 187 (3) and 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by E.D.D. Ellul Co Limited, on the 4th December, 2014, the approval of the said judicial acts is being demanded for the amount of following €2,000.00 judicial Sale by Auction 22/14, in the names E.D.D. Ellul Co Limited (C 5949) vs Raimondo Belfiore, held under the Authority of the said Court on the 3rd December, 2014.
According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation, and where such opposition is based on a claim against the proceeds of sale and alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 2021
2021By a decree given by the Civil Court First Hall, on the 13th November, 2014,on the application of Borg Darren et, Wednesday, 7th January, 2015, at ten in the morning, has been fixed for the Sale by Auction orderedto be held at 447, Triq San Ġużepp, Santa Venera, of the following items seized from the property of Geomike Limited.
Tables, chairs, bar cooler, stainless steel fridge cupboards, coffee machine, cups, saucers, plates, glasses, teapots, milk jugs, LCD’s, fridges, childrens’ chairs, dishwashers, stainless steel sinks, grills, digital scale, mincer, cheese grater, slicer, food processor, oven, microwave, cupboards, hob with four burners, pasta boiler, cooker hoods, pizza oven and other objects.
The objects will be sold as described in the judicial sales act 32/2014.
Rudolph Marmarà
For the Registrar of Civil Courts and Tribunals
Notice 2022
2022By a decree of the Small Claims Tribunal, ofthe 9th December, 2014, 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).
Seaview and Sons Ltd (C 24540), of Pitstop Service Complex, Mdina Road, Ħ’Attard, filed a Claim, on the 2nd October, 2014, whereby they asked the Tribunal to condemn Mary Rose Worley (ID 88951M), of44, Juniper Flats, No. 2, Valletta Road, Ħ’Attard, to pay the plaintiff company the sum of€1,900 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 691/14NHV) is deferred for the 7th January, 2015 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 2023
2023By a decree of the Small Claims Tribunal, of the 9th September, 2014, 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).
Mobisle Communications Limited(C 24655), of Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 23rd April, 2014, whereby they asked the Tribunal to condemn Paul Vella (ID 430453M), of117, Triq it-Trinċetta, Mosta,to pay the plaintiff company the sum of€1,315.63 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 270/14KPS) is deferred for the 6th January, 2015 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 2024
2024By a decree of the Court of Magistrates (Malta), of the 3rd December, 2014, 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).
Mobisle Communications Limited (C 24655), of Fra Diego Street, Marsa, filed a Claim, on the 9th September, 2014, whereby they asked the Court to condemn Laycock Richard Andrew (ID 56705A), of8,Triq il-Ġnejna, Mosta,to pay the plaintiff company the sum of€3,602.49 which amount is due to the plaintiff company.
With costs andinterests.
The case (Notice Number 309/14CSH) is deferred for the 7th January, 2015 at 9.00 a.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 2025
2025By means of a decree given by the First Hall Civil Court, on the 13th November, 2014, in the records of the Sworn Application, in the names Gatt Paolo et vs Falzon Fayton et, application number 918/14 LSO, the following publication was ordered for the purpose of service of the respondentsin terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Paolo and Mary Rose, spouses Gatt, (ID 556159M) and (ID 524010M) respectively, and Philip Magri (ID 183376M) vs Fayton Falzon (ID 242688M), and Jesmond and Giovanna, sive Joanne, spouses Gauci (ID 504573M) and (ID 93179M) respectively for any interest they may have, on the 22nd October, 2014, the applicants Paolo and Mary Rose, spouses Gatt, and Philip Magri asked this Honourable Court saving any necessary declarations and the opportune provisions given:
To decide this cause without proceeding to a hearing in terms of Articles 167 et. seq. of Cap. 12, order the defendants or either of whom so that within a short and peremptory period fixed to them they vacate the buildings erected on the groundfloor tenement and its airspace with official number two (2), in Triq San Franġisk, in Ħamrun, and uphold the other demands in the application.
With costs as demanded, and saving any right of action due to the plaintiffs for the payment of compensation.
Defendants: 1. Fayton Falzon, Flat 4, Sheldon Flats, Gwardamanġa Hill, Gwardamanġa.
2. Jesmond and Giovanna, sive Joanne, spouses Gauci, Gauci Farmhouse, Tal-Ħamri, limits of Rabat (separate notices).
The Sworn Application in the names Gatt Paolo et vs Falzon Fayton et, application number 918/14 LSO, has been deferred for hearing to the 20th January, 2015, at 9.30 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 2026
2026By a decree given by the Civil Court First Hall, on the 19th December, 2014, on the application of Korporazzjoni Intrapriża ta’ Malta, Wednesday, 21st January, 2015, at half past nine in the morning, has been fixed for the Sale by Auction to be held at F 10, Bologna Centre, Mosta Technopark, Mosta, of the following items seized from the property of Infratec Pro Limited.
Computers, monitors, printers, fax machine, shelving, lockers, tables and chairs, trolleys, palletizers, furniture, vacuum cleaner, floor cleaner, voltage stabilizers, fridge, coffee machine, airconditioners, scales, scan tester, ladder, electric cooker, conveyor, printing machine, soldering units, milling machine, drilling torn, crosscut, grinder, THT cutter and other items.
The said objects will be sold as described in the judicial sales act 3/2014.
Rudolph Marmarà
For the Registrar of Civil Courts and Tribunals
Notice 2027
2027By means of a decree given on the 2nd December, 2014, by the First Hall Civil Court, in the records of the Sworn Application, in the names Rebecchi Eileen et vs Spiteri Anthony et, application number 930/14 LSO, the following publication was ordered for the purpose of service of the defendants Anthony Spiteri (ID 489257M) and Clayton Cowles (ID 277584M), as Geoffrey Borg was notified, and this publication is being made in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filedin the First Hall Civil Court, in the names Eileen Rebecchi (ID 87955M), Stephanie Elizabeth Zammit (ID 618761M), Margaret Jean Zammit (ID 587852M), Sandra Attard (ID 199959M) and Suzanne Ellul Vincenti (ID 32364M) vs (a) Anthony Spiteri (ID 489257M), (b) Geoffrey Borg (ID 343871M), (c) Clayton Cowles (ID 277584M), on the 24th October, 2014, the applicant Eileen Rebecchi et asked this Honourable Court:
To declare that none of the respondents has a valid title to the occupation of the divided part of the field known as “Ta’ Salib it-Toroq”, in the locality “Tal-Qasbi”, limits of Birkirkara, as shown in red on the plan Doc. C, and uphold the other demands in the application amongst which the liquidation and payment of damages.
With costs against the respondents summoned so that a reference to their evidence be made.
Respondents: (a) Anthony Spiteri, Turris Placidus, Triq Ħal Għargħur, San Ġwann.
(b) ...........omissis...........
(c) Clayton Cowles, 93, Flat 2, Ample Court, Triq id-Drama, Ħal Qormi.
The Sworn Application in the names Rebecchi Eileen et vs Spiteri Anthony et, application number 930/14 LSO, was deferred for hearing to the 29th January, 2015, at 9.30 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 2028
2028By a decree given by the Civil Court First Hall, on the 22nd December, 2014, on the application of Caruana Kevin et, Wednesday, 7th January, 2015, at noon, has been fixed for the Sale by Auction,to be held at 16, ‘Gouette Divine’, Triq il-Witja, Ħal Tarxien, of the following items seized from the property of German Carmen et.
Table, chairs, sofas, television, showcase, frames, coffee table, chests of drawers, bureau and other objects.
N.B. The said objects are sold as described in the judicial sales act 39/2014.
Rudolph Marmarà
For the Registrar of Civil Courts and Tribunals
Notice 2029
2029By means of a decree given on the 1st December, 2014, by the Rent Regulation Board, in the records of the Application, in the names Calleja Francesco Saverio, sive Frank vs Grech Christopher, application number 83/14 GG, the following publication was ordered for the purpose of service of the defendants in terms of Article 187 (3) et. seq. of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the names Francesco Saverio, sive Frank Calleja (ID 150227M), and his wife Ines Calleja (ID 496132M) vs Christopher Grech (ID 615281M), Martin Farrugia (ID 500077M) and Peter Agius (ID 131770M), in solidum between them, on the 7th October, 2014, the applicant Francesco Saverio, sive Frank Calleja et in terms of Article1570 of the Civil Code respectfully asked this Honourable Court:
To dissolve the lease agreement mentioned in the application, and uphold the other demands in the application, amongst which so that the plaintiffs pay the sum €9,320.20 representing rents payments for the years from the 1st January, 2009, till the 31st December, 2013, and uphold the other demands in the application, amongst which the sum due for the period from the 1st January, 2014, till the date of effective eviction.
With costs and interests as demanded against the respondents summoned so that a reference to their evidence be made.
Respondents: 1. Christopher Grech (ID 615281M), Faċilità Korrettiva ta’ Kordin, Kordin, Raħal Ġdid.
2. Martin Farrugia (ID 500077M), ‘Paul’, Trejqet ix-Xilep, Xgħajra.
3. Peter Agius (ID 131770M), 86, Triq il-Greċja, Naxxar.
The Application in the names Calleja Francesco Saverio, sive Frank vsGrech Christopher, application number 83/14 GG, has been deferred for hearing to Thursday, 26th February, 2015, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 2030
2030By a decree given by the Civil Court First Hall, on the 19th December, 2014, on the application ofMiljanic Tiziana, Monday, 26th January, 2015, at ten in the morning, has been fixed for the Sale by Auction to be held at RCC, Triq iċ-Ċimiterju, Ħal Għaxaq, of the following items seized from the property of Miljanic Miljan (ID 22041A).
Mitsubushi Van with the registration number ACB-735.
N.B. The said objects will be sold as described in the acts of the file number 37/14.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 2031
2031By means of a decree given on the 16th December, 2014, by the First Hall Civil Court, in the records of the Protest, in the names Advocate Dr Francesca Warrington, holder of identity card number 488785 letter ‘M’, as special mandatary ofThe Procter & Gamble Company, a foreign company organised under the laws of the State of Ohio, in the United States of America, and there registered with number 20677, with an address of One Procter & Gamble, Plaza, Cincinnati, Ohio, United States of America vs Christopher Drago, holder of identity card number 411867 letter ‘M’, and an address of ‘Casa Drago’, Triq Dun Mikiel Xerri, Ħ’Attard, the following publication was ordered for the purpose of service of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.
In the First Hall Civil Court
Advocate Dr Francesca Warrington, holder of identitycard number 488785 letter ‘M’, as special mandatary of The Procter & Gamble Company, the foreign company organised under the laws of the State of Ohio, in the United States of America, and there registered with number 20677, with an address of One Procter & Gamble Plaza, Cincinnati, Ohio,United States of America vs Christopher Drago, holder of identity card number 411867 letter ‘M’, and with an address of ‘Casa Drago’, Triq Dun Mikiel Xerri, Ħ’Attard.
Protest of Advocate Dr Francesca Warrington, holder of identity card number 488785 letter ‘M’, as special mandatary of The Procter & Gamble Company, a foreign company organised under the Laws of the State of Ohio in the United States of America, and therein registered with number20677, with an address of One Procter & Gamble, Cincinnati, Ohio, United States of America.
Respectfully pleads:
That she holds a power of attorney ad litem from the protesting company, and this as evidencedfrom a true copy of the same power of attorney hereby attached and marked with letter ’A’.
That the protesting company well known around the world, including Malta in connection with products for the washing of clothes/laundry products of the mark ‘LENOR’, is the owner of various trademarks which cover its business.
That by ability and invention, anda lot of financial sacrifice and promotional activity on its part, the protesting company acquired a reputation and enormous goodwill regarding its business and its trademarks relative to the same.
That the protesting company is the owner amongst others of the Community Trademarks (CTM) ‘LENOR’ (word number 000299172), with effect in Malta from the first (1st) of May, 2004, ‘LENOR ENERGY’, wordmark number 00655113,with effect in Malta from the fourth (4th) of January, 2008, ‘Clear Blue’ (figurative number 006696223), with effect in Malta from the twenty fifth (25th) of February, 2008, and ‘Procter & Gamble’, wordmark number 000300137, with effect in Malta from the 1st May, 2004, and all these regarding products which include laundry products amongst others.
...........omissis...........
That the protesting company has in its possession clear evidence which shows that during the course of the year two thousand and eleven (2011), the respondent made illegal use in the course of his business of identical or similar signs to those of the protesting company.
...........omissis...........
That this action on the part of the respondent contravenes (interalia), the relevant provisions of Article 9 1. of theCouncil Regulation (EC) No. 2907/2009 on the Community Trade Mark, as well as the provisions of Article 10 (2) (b) and (3) of the Act regarding Community Trademarks (Cap. 416 of the Laws of Malta).
Thus, whilst bringing the premised to the formal notice ofthe respondent hereby calls upon the protesting companyso that within three (3) days from the date of service of this act you:
(a) Give all the information in your possession regarding the purchase and sale on your part of the counterfeit products ‘Lenor Energy Clear Blue’, the identity of who supplied you with the same the volume of sales on your part the number of counterfeit products which may be under your control, as well as the turnover and profit you did on all this;
(b) You come forward of your own will so that there beliquidated and paid all the damages caused by you;
(c) You confirm by an appropriate affidavit that you stopped your contravening actions ...omissis... and that your illegal actions shall not be repeated.
(d) You pay all the expenses in connection with all this.
If you fail to do all that required by you, the protesting company whilstby the present is putting you in dolo, mora and kulpa for all intents and purposes of law, warns youfrom now that all the measures according to law shall be taken to further safeguard and enforce its rights against you, and this even by the issuing of the appropriate warrants if it be the case without any other prior notice according to the circumstances.
Saving any other action due to the protesting company, and with all costs of this judicial act against you.
Protesting Company: Advocate Dr Francesca Warrington, holder of identity card number 488785 letter ‘M’, as special mandatary of The Procter & Gamble Company, a foreign company organised under the laws of the State of Ohio, in the United States of America, and therein registered with number 20677, with an address of One Procter & Gamble, Plaza, Cincinnati, Ohio, United States of America.
84, Triq Melita, Valletta VLT 1120.
Notify Respondent: Christopher Drago (ID 411867 letter ‘M’), Flat 18, Block 14, Triq Għar il-Lenbi, Sliema.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 2032
2032Bymeans of a decree given by the First Hall Civil Court, on the 18th December, 2014, in the records of the Sworn Application, in the names Mifsud Jason vs Ulusoy Zafer et, application number 506/14 AF, the following publication was ordered for the purpose of service of the defendant in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Jason Mifsud (ID 519776M) vs Zafer Ulusoy (ID 37874A) and Meltem Ulusoy, Turkish Passport number 633218, on the 10th June, 2014, the applicant Jason Mifsud (ID 519776M), asked this Honourable Court saving any opportune declaration:
To declare that the bill of exchange dated 10th June, 2009, lapsed, and thus the sum of thirteen thousand, nine hundred seventy-six Euro and twenty-four cents (€13,976.24) is due to the applicant, and uphold the other demands in the application.
With costs against the respondents summoned so that a reference to their evidence be made.
Services: Zafer Ulusoy, B5, Acacia Avenue, Triq ir-Ratal, Swieqi.
Meltem Ulusoy, B5, Acacia Avenue, Triq ir-Ratal, Swieqi.
The Sworn Application in the names Mifsud Jason vs Ulusoy Zafer et, application number 506/14 AF, has been deferred for hearing to the 4th February, 2015, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 2033
2033Notice in terms of Article 416 of Cap. 12
Competition of creditorsof Anthony Cassar
It is hereby notified that the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, by virtue of a decree dated 19th December, 2014, in the records of application number 33/2013 (PC), Competition of Creditors of Anthony Cassar (ID 36061G), which application was filed on the 6th October, 2014, by Lombard Bank Malta plc (C 1607), regarding a deposit of €28,681 affected by means of a schedule of deposit number 261/2014 on the 19th September, 2014, and 263/2014 on the 22nd September, 2014, and this in the records of Judicial Sale by Auction number 33/2013 (PC), in re Bella Claudia Nicoletta Cassar vs Anthony Cassar, the Court ordered this present publication calling upon all those who might have an interest therein to put their claims within the time of one month of this publication, on the expiration whereof it shall not be lawful for any part failing to put in a claim within that time, to delay or otherwise hinder the decision on the competition proceedings between the parties putting in a claim.
All interested parties are to appear in this Court on Friday, 6th March, 2015, at 10.00 a.m. for the hearing of the suit.
Daniel Sacco
For the Registrar Gozo Courts and Tribunals
Notice 2034
2034By a decree given by the Civil Court First Hall, on the 23rd December, 2014,on the application of Creek Developments plc, Monday, 19th January, 2015, at ten in the morning (10.00 a.m.), has been fixed for the Sale by Auction to be held at Pontun G, Berth 35, Imsida, of the following items seized from the property of Valentino Dr Patrick noe.
Yacht named ‘Carolina’.
N.B. The said objects will be sold as described in the acts of the file number 36/14.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals