Contractor has to make good for damage to State and private property
The Court observed that the tender included a number of conditions, obliging the contractor to take all the necessary precautions to ensure that the property is safe.
Court corrects child’s surname
A number of witnesses confirmed that they heard the plaintiffs discuss the issue of the surname and had intended to register their child’s surname using the two surnames
Tribunal asks developer to scale down development

Residences without a street frontage were permitted in the old policies

Residences without a street frontage were permitted in the...

Correct notification is essential for EU tax enforcement procedure

A Court revoked an enforcement decree since it was issued before the...

A Court revoked an enforcement decree since it was...

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...

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