MaltaToday.com.mt - Comment / Law Report

When the wording of a contract is clear there is no need for any other interpretation

Malcolm Mifsud

The parties of a contract should enter into that contract in good faith and thus the execution of that contract should be in terms of that contract

When there is no defence, the plaintiff still has to prove the case

Malcolm Mifsud

When the defendant fails to file a statement of defence, this does not mean they are admitting to the claims of the plaintiff

Parties may compete with different titles over the same properties

Malcolm Mifsud

In a judgement delivered in Joseph Camilleri and Michael Camilleri v John Mary...

In a judgement delivered in Joseph Camilleri and Michael...

The repossession of a property must be clearly mentioned as an action of spoliation

Malcolm Mifsud

Arnaud's mother lived in a property in Valletta but once she passed away, his sister changed the locks, not allowing him to enter

Arnaud's mother lived in a property in Valletta but...

When a customer tells a service provider to stop, it means stop

Malcolm Mifsud

The Small Claims Tribunal ruled that with the expiration of a TV contract, it...

The Small Claims Tribunal ruled that with the expiration of...

Malcolm Mifsud

A plea claiming that an action is time barred, may be cancelled if one pleads that the claim itself is overstated

A plea claiming that an action is time barred, may be...

Judicial review proceedings must commence within six months

Malcolm Mifsud

The First Hall of the Civil Courts refused to consider whether the suspension...

The First Hall of the Civil Courts refused to consider...

An agreement must be kept, come what may

Malcolm Mifsud

The Court of Appeal, presided by Mr Justice Anthony Ellul, ruled that an agreement of payment should be honoured, even if the services rendered were not...

The Court of Appeal, presided by Mr Justice Anthony Ellul,...

Serious lack of maintenance of rented premises may bring about eviction

Malcolm Mifsud

'When a tenant fails to perform maintenance, which leads to serious damage to the rented property, then the tenant may be evicted from that property'

'When a tenant fails to perform maintenance, which...

Harassment takes place when there is a multitude of incidents

Malcolm Mifsud

The Police V Tristan Tedesco - he was charged with having escaped from police...

The Police V Tristan Tedesco - he was charged with having...

Sentencing an under-aged person must be done with care

Malcolm Mifsud

The Magistrates Court held that when a youth is being sentenced, the court must...

The Magistrates Court held that when a youth is being...

Eviction cannot be blocked by the Court, if it has already been carried out

Malcolm Mifsud

The First Hall of the Civil Court turned down a warrant issue request of prohibitory injunction to block an eviction but the court marshals had already changed...

The First Hall of the Civil Court turned down a warrant...

Warrant of prohibitory injunction approved irrespective of special hypothec

Malcolm Mifsud

A Magistrate’s Court upheld an application for a warrant of prohibitory injunction, even though the applicant had a special hypothec in his favour

A Magistrate’s Court upheld an application for a...

When buyer discovers defect, he must take legal action within six months

Malcolm Mifsud

The Magistrates Court upheld a plea of prescription because the buyer of a car found out the defect well before the action was instituted

The Magistrates Court upheld a plea of prescription because...

Court rules that articles of law need not necessarily be mentioned at the conclusion of a judgment

Malcolm Mifsud

A judgment is not null and void if the Court fails to mention all the articles of law in its conclusion, but are mentioned in other parts of the judgment

A judgment is not null and void if the Court fails to...

No revocation of garnishee order if filed correctly

Malcolm Mifsud

If a garnishee order is filed according to law, then it should not be revoked,...

If a garnishee order is filed according to law, then it...

Malcolm Mifsud

In the case where a plaintiff is seeking payment and the defendant alleges that the debt has been paid, the defendant must prove the payment

In the case where a plaintiff is seeking payment and the...

Vicarious liability in charge sheet must be indicated

Malcolm Mifsud

A person who is being charged with a crime committed when holding a...

A person who is being charged with a crime committed...

No need of judicial acts before appeals before Administrative Review Tribunal

Malcolm Mifsud

The Administrative Review Tribunal turned down a plea from the Ministry of Education that judicial acts should be filed before actions are filed with the...

The Administrative Review Tribunal turned down a plea from...

Police statement dismissed as hearsay evidence unless corroborated in court

Malcolm Mifsud

A magistrate’s court held that a statement given to the police which was not corroborated by any other evidence in court was tantamount to...

A magistrate’s court held that a statement...