Property Law Court explains elements of Article 495A The particular elements of this section in the Civil Code were explained by Honourable Judge Mark Chetcuti in the case of Abela Carmelo Et vs…Malcolm MifsudMay 23, 2018
Property Law Refund of deposit takes place when promise of sale expires The Court ordered that a deposit paid on a promise of sale of a property be refunded not because of a breach of the agreement…Malcolm MifsudApril 26, 2018
Property Law Knowledge of spoliation is sufficient The defendant need not be the person who carried out the spoliation, but the knowledge that the works were being carried is sufficient for that…Malcolm MifsudFebruary 9, 2018
Civil LawProperty Law No need of interpretation when the wording of a contract is clear The Court does not need to try to interpret an agreement, when the wording is clear and will apply that clear wording. This was decided…Malcolm MifsudJanuary 26, 2018
Property Law Rent Regulation Board, not the courts, is competent to hear all cases concerning rent The First Hall of the Civil Court referred a case to the Rent Regulation Board after it decided that it was not competent to hear…Malcolm MifsudDecember 10, 2017
Property Law Parties may compete with different titles over the same properties If two parties are making claims on the same property, the plaintiff may be allowed to show the Court that he has a better title…Malcolm MifsudNovember 10, 2017
Civil LawProperty Law The repossession of a property must be clearly mentioned as an action of spoliation This was held in a judgement delivered by Mr Justice Silvio Meli on 24 October 2017 in Vincent Arnaud v Salvina Abela. In his application…Malcolm MifsudNovember 3, 2017
Property Law Mifsud & Mifsud Advocates: Challenging Archaic Rent Laws Outdated rent laws continue to disadvantage the property owners caught up in decades-old contracts – but, today, something can be done to challenge them. Jo…Mifsud & Mifsud AdvocatesOctober 9, 2017
Property Law Serious lack of maintenance of rented premises may bring about eviction When a tenant fails to perform maintenance, which leads to serious damage to the rented property, then the tenant may be evicted from that property.…Malcolm MifsudSeptember 29, 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