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
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...

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...

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