Property Law Although Lands Authority took their time, they did it correctly The Lands Authority have a legal duty to decide on all aspects of public property and had a right to refuse an application to increase…Malcolm MifsudAugust 14, 2020
Property Law Debtor must prove set-off if it is being claimed If a debtor claims that the debt is paid through a set-off then it is the debtor who has to prove this and not the…Malcolm MifsudJuly 31, 2020
Property Law Non fulfilment of obligations may result in damages Damages may ensue as a consequence when someone fails to fulfil his or her obligations.This was held in Darren Abela -v- Carmelo Muscat et on…Malcolm MifsudJuly 10, 2020
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