A deposit of rent in court is only valid if the tenant first offers payment to the owner. If payment is rejected then the tenant may deposit the rent in court
An agricultural lease may be paid by fruit or vegetables; however, the law dictates this must be mentioned in a written agreement
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...
Court upholds garnishee, but reduces amount
The First Hall of the Civil Court, presided by Ms Justice Lorraine Schembri...
The First Hall of the Civil Court, presided by Ms Justice...
Court turns down judicial review case because of non-observance of 10-day rule
The Court decided on 13 August, 2015 in Corinne Ward -v- Foundation for Medical Services and the Chief Government Medical Officer that it could not proceed...
The Court decided on 13 August, 2015 in Corinne Ward -v-...
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