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Co-owners cannot block the use of other co-owners

Co-owners cannot block the use of other co-owners
Malcolm Mifsud
Co-owners must make use of the property in common as long as it is done in the best interest of the co-ownership
A creditor may ask a company to be revived

A creditor may ask a company to be revived
Malcolm Mifsud
A company which is owed money from a company which has been struck off the Companies Register may ask the Court to revive the company in order to proceed against it
A tenant relying on the articles of the law to prove title may be evicted following a constitutional judgment

A tenant relying on the articles of the law to prove title may be evicted following a constitutional judgment

Following a constitutional judgment declaring that the owner’s property rights have been infringed, a tenant may be evicted if he solely rests upon the...

Following a constitutional judgment declaring that the...

Nullifying a fine which breaches natural justice

Nullifying a fine which breaches natural justice

The Court declared a fine issued by the Sanctions Monitoring Board on the...

The Court declared a fine issued by the Sanctions...

An applicant refused a Single Work Permit should be notified about the basic right of appeal

An applicant refused a Single Work Permit should be notified about the basic right of appeal

Malcolm Mifsud

The Court has established that the appellee was legally present in Malta or elsewhere in the European Union and that his submission for appeal in front of the...

The Court has established that the appellee was legally...

Court may suspend proceedings if Court of Appeal is to decide on the same merits in another case

Court may suspend proceedings if Court of Appeal is to decide on the same merits in another case

Malcolm Mifsud

If the same parties to a case, are before the Court of Appeal, then the Court of first instance of another case which is identical, may be suspended in order...

If the same parties to a case, are before the Court of...

Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban

Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban

Malcolm Mifsud

Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban given by the Principal Immigration Officer

Lack of evidence pushes the Immigration Appeals Board to...

Representation must be proven

Representation must be proven

Malcolm Mifsud

Those who claim to represent a party in a lawsuit have to prove their representation

Those who claim to represent a party in a lawsuit have to...

A consignee is considered to be a legitimate respondent in intellectual property proceedings

A consignee is considered to be a legitimate respondent in intellectual property proceedings

Malcolm Mifsud

A consignee is considered to be a legitimate respondent in intellectual property proceedings

A consignee is considered to be a legitimate respondent in...

Strict interpretation of the law when challenging a judge

Strict interpretation of the law when challenging a judge

Malcolm Mifsud

The court must interpret the law on the recusal of a judge strictly

The court must interpret the law on the recusal of a judge...

Strict interpretation of the law when challenging a judge

Strict interpretation of the law when challenging a judge

Malcolm Mifsud

The court must interpret the law on the recusal of a judge strictly

The court must interpret the law on the recusal of a judge...

Court may accept declarations made by deceased witness

Court may accept declarations made by deceased witness

Malcolm Mifsud

The Court may accept, in the interest of justice, an affidavit prepared by...

The Court may accept, in the interest of justice, an...

Judge pins court delays on government, abusive defendants and their lawyers

Judge pins court delays on government, abusive defendants and their lawyers

Malcolm Mifsud

The length of time taken to conclude a court case is unreasonable and violates the right to a proper and reasonable hearing as provided by Article 39 of the...

The length of time taken to conclude a court case is...

The parties must prove the claims against each other

The parties must prove the claims against each other

Malcolm Mifsud

The Parties who file claims and pleas must prove to the Court their respective...

The Parties who file claims and pleas must prove to the...

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Litigants should make use of every remedy available to ensure justice

Parties in lawsuits living abroad must be represented in the proceedings

Malcolm Mifsud

It is the judge who should evaluate the evidence produced

Malcolm Mifsud
The parties must prove the claims against each other

The parties must prove the claims against each other

Malcolm Mifsud

The Parties who file claims and pleas must prove to the Court their respective...

The Parties who file claims and pleas must prove to the...

A new lease agreement is deemed to be renunciation of the old lease agreement

A new lease agreement is deemed to be renunciation of the old lease agreement

Malcolm Mifsud

When a landlord does not accept the termination of a lease agreement but rents the same property to a third party, this would, in fact, mean that he would be...

When a landlord does not accept the termination of a lease...

Once a company is inactive for a period of time, its liquidation would be justified

Once a company is inactive for a period of time, its liquidation would be justified

Malcolm Mifsud

If the reason for a company does not exist anymore, then the company should be liquidated

If the reason for a company does not exist anymore, then...

Attorney General must quote correct articles of law for Court to consider crimes

Attorney General must quote correct articles of law for Court to consider crimes

Malcolm Mifsud

The Attorney General must indicate under which articles of law the accused is accused, and the Court must consider the Article mentioned in the Attorney...

The Attorney General must indicate under which articles of...

Majority co-owners may sell property if all conditions are fair

Majority co-owners may sell property if all conditions are fair

Malcolm Mifsud

The Court must be satisfied that the minority of co-owners of a property will...

The Court must be satisfied that the minority of co-owners...

When contractual obligations are outlined clearly in writing, obligations must be honoured

When contractual obligations are outlined clearly in writing, obligations must be honoured

The Court ruled that when contractual obligations are outlined clearly in writing, such contractual obligations must be honoured and other interpretations...

The Court ruled that when contractual obligations are...

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