Property Law No need to ask for premises to be vacated, immediately after Court auction When a property is purchased by court auction, there is no need that the eviction of the property takes place before or immediately after it…Malcolm MifsudMay 8, 2020
Property Law Structural alternatives in rented properties do not necessarily result in termination of the lease Those structural alternations in rented property which are required does not necessarily mean that the lease will be terminated.Malcolm MifsudApril 24, 2020
Property Law Not all roads are government property The fact that the government puts asphalt on a private road, does not convert the road into public property. This was held in Richard Buhagiar et…Malcolm MifsudApril 17, 2020
Civil LawConstitutional LawProperty Law Court should limit itself to claims The civil court should always follow its procedure, even if a constitutional law issue is raised.Malcolm MifsudApril 10, 2020
Property Law Eviction from a tenement will be granted by the Rent Regulation Board only if it is an exceptional and last resort Although it is the lessee’s responsibility to perform acts of maintenance in accordance with the law and the lease contract, this does not mean that…Malcolm MifsudNovember 22, 2019
Property Law Article 12 of Housing (DeControl) Ordinance in violation of human rights The Housing (DeControl) Ordinance states that where a dwelling house has been granted on temporary emphyteusis according to a contract preceding 21st June 1979, the…Malcolm MifsudNovember 8, 2019
Property Law Judicial review procedure cannot substitute the natural process of complaints The Court faced with a judicial review lawsuit is not competent to hear it if the plaintiff has other remedies at his disposalMalcolm MifsudNovember 1, 2019
Civil LawProperty Law Legatee must make a request to curator in case of a vacant inheritance to gain possession of the property The Court concluded that the plaintiff was to take possession of the half undivided share of the property of the late Ms Buhagiar, following the…Malcolm MifsudOctober 18, 2019
Civil LawProperty Law Co-owners may force a sale of common property The Court ordered that the plaintiffs were to sell the property in terms of the promise of sale agreement.Malcolm MifsudOctober 4, 2019
Administrative LawProperty Law Tenant’s surviving relative ordered to vacate rented property The Tribunal said that evidence showed that the plaintiff’s deceased brother had a legal title and not the plaintiff, therefore it moved to turn down…Malcolm MifsudJune 29, 2019