Seller has to pay for latent defects
The defendant was found responsible for paying damages together with the difference in price for an apartment because it suffered from latent defects at the time when the...
Authority ordered to issue Senglea extension
An application for structural alterations together with a roof extension on a property in Triq is-Sirena, Senglea, was refused by the Environment and Planning Commission
Eviction request: appeals should be filed within time prescribed by law

The Constitutional Court turned down an appeal from a partial judgement since it was filed beyond the obligatory 20 days

The Constitutional Court turned down an appeal from a...

Administrators of a vacant inheritance have to follow appointment procedure

In their application, the plaintiffs claimed that the defendants held on to a house in St Paul’s Bay against their will and they wanted them to be...

In their application, the plaintiffs claimed that the...

Court turns down plea that the applicant has other remedies

The First Hall of the Civil Court in its Constitutional jurisdiction turned...

The First Hall of the Civil Court in its Constitutional...

Harassment is harassment if there is more than one incident

Harassment can take the form of words or actions. The prosecution must prove a...

Harassment can take the form of words or actions. The...

Cash payments still have to be proved

The plaintiff had originally claimed before the Magistrates Court that Galea owed him €5,140 for merchandise that he had sold him

The plaintiff had originally claimed before the Magistrates...

A co-owner has to pay his share for urgent works

The shares of the co-owners shall, unless the contrary is proved, be presumed...

The shares of the co-owners shall, unless the contrary is...

Damages arise when a co-owner excludes another co-owner

Co-owners cannot occupy common property and take the fruits of that property...

Co-owners cannot occupy common property and take the fruits...

In spoliation, the perpetrator must be identified

The plaintiff in his application explained that a block of apartments owned by...

The plaintiff in his application explained that a block of...

Departmental decision is required for judicial review

A court may delve into a government department’s decision and not into...

A court may delve into a government department’s...

Interpretation of a contract is taken from the wording of the contract

The interpretation of a contract is done in accordance with Article 1002 of the Civil Code and therefore, the interpretation should be extracted from the...

The interpretation of a contract is done in accordance with...

Court must limit itself to the ground for liquidation proposed by the plaintiff

The court held that if the applicant company did not manage to satisfy the requisites which it itself quoted as being Article  214(2)(a)(ii) it could not...

The court held that if the applicant company did not manage...

Court disagrees with easement claim

The plaintiff claimed the defendants make use of a cesspit which is situated in her property and to make use of the cesspit they pass across her property...

The plaintiff claimed the defendants make use of a...

Court orders defendants to follow up judicial letters by instituting lawsuit against plaintiff

The plaintiffs asked the court to order the defendants to follow up the case by taking legal action to establish their rights, or, alternatively to stop making...

The plaintiffs asked the court to order the defendants to...

No spoliation if defendant had purchased the property, with plans showing windows

Before the application was lodged the defendants constructed a new window overlooking the drive-in and this, according to the plaintiffs, was done against the...

Before the application was lodged the defendants...

Wife responsible for breakup of marriage following a one-way trip

A wife's 'holiday' turned into a permanent relocation to Ethiopia...

A wife's 'holiday' turned into a permanent...

Taxpayer may prove prima facie that Tax Department assessment is excessive

The taxpayer contested tax assessments issued by the Commissioner for the years between 2000 and 2004 and asked the Tribunal to cancel them.

The taxpayer contested tax assessments issued by the...

Buyer will have to sign purchase contract even if he withdraws an application for a bank loan

The facts show that the promise of sale was to expire on 7 May, 2012 and that the bank loan had to be approved by 15 December, 2011, on the promise of sale a...

The facts show that the promise of sale was to expire on 7...

Child may sue for damages for murder of father, even if child was unborn when murder took place

According to the plaintiff the defendant was responsible for the father's death and as a result both mother and son suffered damages. 

According to the plaintiff the defendant was responsible...