The payment of a deposit before the first sitting of an appeal is essential as it guarantees the court expenses, without which the appeal will…
MMA EditorSeptember 4, 2020
A garnishee order may be revoked in whole or in part if the circumstances of the alleged debtor changes or else if after prima facie…
MMA EditorMay 1, 2020
The civil court should always follow its procedure, even if a constitutional law issue is raised.
Marthese HiliApril 10, 2020
The Court has wide powers to correct the names of acts of court cases in order to allow these cases to proceed further.
MMA EditorMarch 27, 2020
The court held that since it was a commercial case and the applicant was a Government entity, it could not claim that it would suffer…
Marthese HiliMarch 6, 2020
When a co-debtor pays the debtor, the other debtor cannot raise the plea of prescription, in order to refund his share of the debt
MMA EditorFebruary 14, 2020
Since the plea of res judicata is meant to stop an action from being decided by a Court, it must be interpreted restrictively, such that…
Marthese HiliJanuary 17, 2020
Where the law states in Article 281 of the Code of Organisation and Civil Procedure that a warrant can be attacked for a 'valid reason',…
Marthese HiliDecember 6, 2019
Following an arbitration award, the Court of Appeal cannot enter into the facts of the case, if the arbitration is a voluntary one.
Marthese HiliNovember 29, 2019
