Civil Law Can a ‘force majeure’ clause be invoked in view of COVID-19? A ‘force majeure’ clause is commonly inserted in contracts as a means to excuse the performance of a contract on the basis of a defined…MMA EditorSeptember 25, 2020
Civil LawConsumer Law Re-discussing an agreement does not terminate that agreement If one party to agreement wants to re-discuss any terms, the agreement is still valid at law. This was decided by the Court of Appeal…Marthese HiliSeptember 6, 2020
Civil Law Endorsed bills of exchange have to be paid irrespective of underlying obligations The law makes a difference between endorsed bills of exchange and those which are not endorsed. This was held in a judgement delivered by Mr…MMA EditorSeptember 6, 2020
Civil LawProcedural Law Payment of deposit in civil appeals is essential 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
Civil LawCommercial Law Civil Court has competence to hear issues dealing with commercial rural leases The Civil Court have jurisdiction to decide cases concerning commercial leases irrespective if the property may be in a rural zone. This was held in…MMA EditorJune 19, 2020
Civil LawProcedural Law Garnishee order may change if circumstances change 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
Civil LawConstitutional LawProperty Law Court should limit itself to claims The civil court should always follow its procedure, even if a constitutional law issue is raised.Marthese HiliApril 10, 2020
Civil LawProcedural Law Changes to names of parties of a lawsuit may be corrected 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
Civil LawProcedural Law Court will use principle of proportionality to determine whether a party can appeal a judgement in parte 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
Civil Law No prescription among co-debtors When a co-debtor pays the debtor, the other debtor cannot raise the plea of prescription, in order to refund his share of the debtMMA EditorFebruary 14, 2020