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
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
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
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
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
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
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
The Court must be satisfied that the minority of co-owners of a property will not be prejudiced with the sale of their property by the…
MMA EditorFebruary 7, 2023
The Court ruled that when contractual obligations are outlined clearly in writing, such contractual obligations must be honoured and other interpretations should not be taken…
MMA EditorJanuary 29, 2023
