Civil Law A legal contract of works shall have the force of law, with no room for interpretation when the terms of agreement are clear The cardinal principle that governs a contract remains that the contractual obligation must be respected, and that it is the will of the contracting parties…MMA EditorOctober 6, 2023
Civil LawProcedural Law A garnishee order may be reduced if the circumstances have changed If there is a change in circumstances which allow the reduction of a garnishee order, the Court may reduce or remove that garnishee order.MMA EditorAugust 21, 2023
Civil LawProcedural Law Court of Appeal explains the Three Elements of the Plea Of Res Judicata The Court of Appeal upheld a plea that the case has already been decided on (res judicata), since there existed the three elements that make…MMA EditorAugust 10, 2023
Civil Law The action of spoliation is intended to keep the public order The action to reverse an act of spoliation is intended to stop a person from taking the law in his or her hands. This was…Marthese HiliJune 9, 2023
Civil LawProcedural Law Court may suspend proceedings if Court of Appeal is to decide on the same merits in another case If the same parties to a case, are before the Court of Appeal, then the Court of first instance of another case which is identical,…Marthese HiliMay 11, 2023
Civil LawProperty Law Representation must be proven Those who claim to represent a party in a lawsuit have to prove their representation. This was held in Dr Michelle Tabone on behalf of…Marthese HiliApril 23, 2023
Civil LawConstitutional Law Strict interpretation of the law when challenging a judge The court must interpret the law on the recusal of a judge strictly. This was held in a judgement in Mary Grace D’Amato -v- Luqa…Marthese HiliApril 2, 2023
Civil LawProcedural Law Court may accept declarations made by deceased witness The Court may accept, in the interest of justice, an affidavit prepared by a witness who passed away. This was held in a decree delivered…Marthese HiliMarch 26, 2023
Civil LawCompany Law Once a company is inactive for a period of time, its liquidation would be justified If the reason for a company does not exist anymore, then the company should be liquidated. This was held in an application presented by Petrozavodsk…Marthese HiliMarch 12, 2023
Civil LawEmployment LawLabour Law The parties must prove the claims against each other The Parties who file claims and pleas must prove to the Court their respective positions. This was held in a judgement delivered by the Magistrates…Marthese HiliFebruary 26, 2023