The Court concluded that the only way by which the Authorities could be found to have abused their position and implemented an ultra vires decision, is if it was found...
The Magistrate’s Court in Gozo ordered a carpenter to pay for the difference in price of replacement of doors, after it was established that bad workmanship was...
Agricultural lease is terminated due to illegal construction
The defendants filed a statement of defence and in it they claimed that the...
The defendants filed a statement of defence and in it they...
Court highlights importance of accuracy on charge sheet in criminal proceedings; the absence of which will free defendant
Unless the evidence produced, and the charges brought correspond to what is on the charge sheet, then the Court is obliged to dismiss the claim
Unless the evidence produced, and the charges brought...
When landlord offers tenant alternative accommodation, this has to be done in good faith
Article 9(a) of the Reletting of Urban Property (Regulation) Ordinance allows the owner to take back the property for his own requirements and this must be in...
Article 9(a) of the Reletting of Urban Property...
Court explains elements of Article 495A allowing co-owners to bring action for the sale of a property in cases of disagreement
The particular elements of this section in the Civil Code were explained by Honourable Judge Mark Chetcuti in the case of Abela Carmelo Et Vs Abela Fiorella,...
The particular elements of this section in the Civil Code...
When parties create a contract it should be presumed that only that which was written was intended to form part of the agreement
The Court heard the facts presented by the parties, which explained that the two band clubs, both found in Hal Qormi, had created a contract in 1999 in order...
The Court heard the facts presented by the parties, which...
Court denies that man who was passed a bag of drugs by girlfriend was guilty of possession
The Court, in looking at the evidence, commented on how the plaintiff had not been properly afforded the guarantee to legal representation when he was being...
The Court, in looking at the evidence, commented on how the...
Refund of deposit takes place when promise of sale expires
The Court ordered that a deposit paid on a promise of sale of a property be...
The Court ordered that a deposit paid on a promise of sale...
Lessees may lose their rights to agricultural land if farms and/or any other integral buildings are not maintained
The Court heard the counterclaim by the defendants who stated that the farm had been severely damaged by a storm and through no fault of their own
The Court heard the counterclaim by the defendants who...
An agreement for payment of debt contradicts claim for non-execution of bill of exchange due to grave circumstances
The action was instituted following a judicial letter which George Spiteri filed against the Club and Micallef to pay five bills of exchange
The action was instituted following a judicial letter which...
Attorney General’s newest procedural right to appeal to find retroactive application
The Court explained that procedural criminal law has effective and immediate application, meaning that the procedures become effective even to proceedings that...
The Court explained that procedural criminal law has...
DNA is not the only evidence to establish the paternity of a child
In the absence of DNA, declaration of the parents of a child could be...
In the absence of DNA, declaration of the parents of a...
Plaintiffs’ plea will be rejected when claims are not directed towards ‘proper and relevant’ defendant
The plaintiff held that he had purchased a property on the island and had engaged a contractor to carry out scheduled works which were not completed on...
The plaintiff held that he had purchased a property...
Court requires ‘best proof’ of the contestation of a debt alleged by a government authority
This was decreed by Magistrate Dr Francis Depasquale in the case of Automated Revenue Management Services Limited, Enemalta plc u Korporazzjoni ghas-Servizz...
This was decreed by Magistrate Dr Francis Depasquale in the...
Surname change from foreign ‘deed poll’ effected in Malta subject to proof
Once the defendant received the original marriage certificate and registered the plaintiff under that name, it would not be legally possible for Maltese law to...
Once the defendant received the original marriage...
Six-month period on unjust administrative decision cannot be interrupted or suspended
Plaintiff claimed that the administrative decision leading to the termination of his employment went against principles of natural justice
Plaintiff claimed that the administrative decision leading...
Maltese Law which precluded legal assistance during police interrogation deemed a breach of human right to fair hearing
Brian Vella was arrested under suspicion of his involvement in crimes relating to drug trafficking
Brian Vella was arrested under suspicion of his involvement...
If there is no fraud, the best evidence rule should apply on the quantum of a claim
The Court held that although there is a difference between the valuation of a damaged item, if there is no fraud, then the court is to apply the best evidence...
The Court held that although there is a difference between...
Knowledge of spoliation is sufficient
The defendant need not be the person who carried out the spoliation, but the knowledge that the works were being carried is sufficient for that person to be...
The defendant need not be the person who carried out the...
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