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…Marthese HiliNovember 3, 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…Marthese HiliSeptember 8, 2017
Civil Law No revocation of garnishee order if filed correctly The First Hall of the Civil Court on 2 August, 2017 ruled that if a garnishee order is filed according to law, then it should…MMA EditorAugust 11, 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.…MMA EditorJune 16, 2017
Civil LawCommercial LawCompany Law Documentary evidence must be produced It is not sufficient for a witness to simply testify on a document if it is not produced in court. This was held by the…Marthese HiliJune 2, 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…Marthese HiliMarch 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.…MMA EditorJanuary 27, 2017
Civil LawCompany Law Company blocks transfer of licence to competitor The First Hall of the Civil Court upheld a warrant of prohibitory injunction requested by one company against another, since it proved that it had…MMA EditorSeptember 30, 2016
Company Law Court protects shareholder by appointing a director on company board In a bid to protect a minority shareholder, the First Hall of the Civil Courts ordered that a new director be appointed on the board…Marthese HiliSeptember 16, 2016
Constitutional LawProcedural LawProperty Law Eviction request: Appeals should be filed within the time prescribed by law The Constitutional Court composed on the Chief Justice, Silvio Camilleri and the Justices Giannino Caruana Demajo and Noel Cuschieri turned down an appeal from a…Marthese HiliJuly 9, 2016