Harassment is harassment if there is more than one incident
Harassment can take the form of words or actions. The prosecution must prove a course of conduct
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
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...

Witness’s change of version of events may undermine prosecution’s case

The Magistrate explained that the prosecution is bound to convince the court that the charges issued against the accused have been proved beyond...

The Magistrate explained that the prosecution is bound...

Separation and divorce authorised simultaneously

Either of the spouses may demand separation if, for two years or more, he or...

Either of the spouses may demand separation if, for two...

Tenant must prove all requisites of Civil Code to prove a valid title

The contracts presented left no doubt that the plaintiffs are the owners of the...

The contracts presented left no doubt that the plaintiffs...

Lack of health and safety measures leads to compensation following death

In their application the heirs of Joseph Barbara held that the defendant company was the deceased’s employer, who failed to ensure that all safety...

In their application the heirs of Joseph Barbara held that...

Agreement to not have children before marriage does not render a civil marriage null

By Joseph Mizzi, Partner at Mifsud & Mifsud Advocates

By Joseph Mizzi, Partner at Mifsud & Mifsud...

Court allows corrections of taxed bill although it had been paid

The difference in the taxed bill was substantial and it would not have been...

The difference in the taxed bill was substantial and it...

When a latent defect claim is time-barred

In his application Vella Laurenti had purchased a property in Xaghra, Gozo on...

In his application Vella Laurenti had purchased a property...

Court agrees with husband’s eviction after separation

The First Hall of the Civil Court agreed that the Family Court had to order a...

The First Hall of the Civil Court agreed that the Family...

Court allows stay of proceedings in EU trademark case

The plaintiff company held that it developed and markets the famous game Candy...

The plaintiff company held that it developed and markets...

Appeals from Arbitrations should be limited to point of law

The Court of Appeal held that the grounds of appeal following an...

The Court of Appeal held that the grounds of appeal...

Court keeps garnishee order intact

The First Hall of the Civil Court refused an application for the revocation of a garnishee order by means of a counter warrant, holding that the order was...

The First Hall of the Civil Court refused an application...

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