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 disposalMMA EditorNovember 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…MMA EditorOctober 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.MMA EditorOctober 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…Marthese HiliJune 29, 2019
Civil LawProperty Law Co-owners may be given the keys of the common property The First Hall of the Civil Courts held that all co-owners have a right to the key of common owned property, even though it may…MMA EditorJune 14, 2019
Civil LawProperty Law Legatee must request the release of the property from the heirs in solidum Legatees must file for court actoin against all heirs including those objecting to the legatee being admitted into possession of the property. The First Hall…Marthese HiliMay 31, 2019
Property Law Residential leased property must be lived in If elderly tenants decide to move to a retirement home, then they will be effectively foregoing their lease. This was held in a judgement delivered…Marthese HiliApril 5, 2019
Intellectual Property LawProperty Law Court gives explanation between 10 and 30 years’ acquisitive prescription The First Hall of the Civil Courts said for the 30 years prescriptive period to be successful there is need of possession for 30 years…Marthese HiliMarch 29, 2019
Intellectual Property LawProperty Law Tenant to pay for fire damage caused by TV The Rent Regulation Board has ordered a tenant to pay for the repairs of a house following a fire after it was shown that he…Marthese HiliMarch 1, 2019
Civil LawProperty Law Elements of an action sufficient for that action to be sustained The type of action does not need to be explicitly pointed out, however if the elements of that type of action exist, then it may…MMA EditorJanuary 25, 2019