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Since the plea of res judicata is meant to stop an action from being decided by a Court, it must be interpreted restrictively, such that in the case of doubt the judge should...
An appeal application purely based on the disagreement with the analysis of the Industrial Tribunal with regards to the facts of the case shall be rejected by the Court of Appeal
When prosecution rests on one witness’s testimony, it must be proven to be safe and satisfactory
For the accused to be found guilty on the basis of the testimony of one witness, the prosecution must prove that such testimony is safe and satisfactory
For the accused to be found guilty on the basis of the...
Court refuses to decide on the merits of an executive garnishee order
Where the law states in Article 281 of the Code of Organisation and Civil...
Where the law states in Article 281 of the Code of...
Court of Appeal will not re-examine facts following a voluntary arbitration
Following an arbitration award, the Court of Appeal cannot enter into the facts of the case, if the arbitration is a voluntary one
Following an arbitration award, the Court of Appeal cannot...
Eviction from a tenement will be granted by the Rent Regulation Board only if it is an exceptional and last resort
Although it is the lessee’s responsibility to perform acts of maintenance in accordance with the law and the lease contract, this does not mean that if...
Although it is the lessee’s responsibility to perform...
Court awards sum of wages owed to employee although employment contract was not in writing
An employment contract is not one which is enlisted in Article 1233 which outlines contracts must be in writing on pain of nullity
An employment contract is not one which is enlisted in...
Article 12 of Housing (DeControl) Ordinance in violation of human rights
The Housing (DeControl) Ordinance states that where a dwelling house has been granted on temporary emphyteusis according to a contract preceding 2lst June...
The Housing (DeControl) Ordinance states that where a...
Judicial review procedure cannot substitute the natural process of complaints
The Court faced with a judicial review lawsuit is not competent to hear it if the plaintiff has other remedies at his disposal
The Court faced with a judicial review lawsuit is not...
Bills of Exchange will not be enforced if they are a result of usury
If the Court establishes that a bill of exchange has an element of usury, then...
If the Court establishes that a bill of exchange has an...
Legatee must make a request to curator in case of a vacant inheritance to gain possession of the property
The Court concluded that the plaintiff was to take possession of the half undivided share of the property of the late Ms Buhagiar, following the publication of...
The Court concluded that the plaintiff was to take...
Human rights cases where remedy sought affects rights of private citizens, are to be joined in the suit
The Court concluded that Xuereb has an interest in the proceedings because the law gave him the right to institute them
The Court concluded that Xuereb has an interest in the...
Co-owners may force a sale of common property
The Court ordered that the plaintiffs were to sell the property in terms of the...
The Court ordered that the plaintiffs were to sell the...
Garnishee order must be issued by court competent to take cognizance of the matter
The issuing of a garnishee order by a court, that does not have the authority to issue it due to a lack of competence to take cognizance of the matter, is...
The issuing of a garnishee order by a court, that does not...
POAs: Mandators cannot escape liability if they cannot read Maltese or English
The Court concluded that the defendant did not adequately prove that the plaintiff was in mala fede. It held that it was clear that the plaintiff had nothing...
The Court concluded that the defendant did not adequately...
Court has final say on whether bodily harm was grievous or not, regardless of doctors’ medical opinion
The Court held that according to the evidence the accused was proven to have punched the defendant once, as a result of which his eye was injured but no...
The Court held that according to the evidence the accused...
An obvious falsification of a document is not a crime
The Court applied a legal principle where the use of a document which is...
The Court applied a legal principle where the use of a...
Fingerprints may be deemed sufficient evidence to prove the commission of a crime
With regards to the intentional element of the crime of theft the Court held that the argument of the accused did not hold water since the simple use or...
With regards to the intentional element of the crime of...
Abduction cases against parent based on UN Convention procedurally defective
The Convention on the Rights of the Child only pertains to States, and not individuals
The Convention on the Rights of the Child only pertains to...
Tribunal rebukes Transport Malta for prejudicing persons by having access to an old application on their website
The Tribunal held that in this case, it was clear that the applicant was genuine, and even emailed the Minister explaining the issue at hand, furthermore, the...
The Tribunal held that in this case, it was clear that the...
