Procedural Law When one plea may cancel another This was held in a judgement delivered by Ms Justice Anna Felice on 10 October, 2017 in Arnold Joseph Grech and Doris Grech -v- Jimfard…Malcolm MifsudOctober 20, 2017
Constitutional LawProcedural LawProperty Law Eviction cannot be blocked by the Court, if it has already been carried out The First Hall of the Civil Court turned down a request to issue a warrant of prohibitory injunction to block an eviction, when the court…Malcolm MifsudSeptember 8, 2017
Procedural Law Allegation of payment must be proved 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.…Malcolm MifsudAugust 4, 2017
Procedural Law Appeals of Small Claims Tribunal are limited to points of law Appeals of Small Claims Tribunal are limited to points of law. This was held by the Court of Appeal on 16 June, 2017 in Fogg…Malcolm MifsudJune 30, 2017
Civil LawProcedural Law Actions must be filed within the prescribed time A court turned down an action which was instituted after a 20-day period stipulated by Article 466 of the Code of Organisation and Civil Procedure.…Malcolm MifsudJune 16, 2017
Civil LawProcedural LawProperty Law Works on a pavement may contribute spoliation Works carried by one of two warring bar owners constituted spoliation of the other bar owner. This was decided by Magistrate Joanne Vella Cuschieri on…Malcolm MifsudApril 14, 2017
Civil LawFamily LawProcedural Law Court turns down son’s request to have adoption decree revoked The First Hall of the Civil Court in its judgement (application number 1057/2013) of 14 March, 2017 held that it was not the competent Court…Malcolm MifsudMarch 24, 2017
Procedural Law Conflicting evidence leads to judgement confirmation An application for a retrial was turned down because the applicant failed to prove that he was not notified of proceedings. This was decided by…Malcolm MifsudMarch 3, 2017
Civil LawProcedural Law Civil courts are competent to decide on all civil matters The First Hall of the Civil Court is competent to decide on all civil matters that are raised before it, unless expressly excluded by law.…Malcolm MifsudJanuary 27, 2017
Civil LawProcedural Law Evidence cannot be produced in submissions The Court held that no new evidence can be produced at the submissions stage of a lawsuit. This was pointed out in a judgement delivered…Malcolm MifsudJuly 29, 2016