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
Civil LawProcedural Law Court outlines the essential elements needed for a judgement to be found ‘res judicata’ 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
Civil LawProcedural Law Court refuses to decide on the merits of an executive garnishee order 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
Arbitration LawCivil LawProcedural Law Court of Appeal will not re-examine facts following a voluntary arbitration 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
Civil LawProperty Law Legatee must make a request to curator in case of a vacant inheritance to gain possession of the property The Court concluded that the plaintiff was to take possession of the half undivided share of the property of the late Ms Buhagiar, following the…MMA EditorOctober 18, 2019
Civil LawConstitutional Law Human rights cases where remedy sought affects rights of private citizens, are to be joined in the suit The Court concluded that Xuereb has an interest in the proceedings because the law gave him the right to institute them.MMA EditorOctober 11, 2019
Civil LawProperty Law Co-owners may force a sale of common property The Court ordered that the plaintiffs were to sell the property in terms of the promise of sale agreement.MMA EditorOctober 4, 2019
Civil LawProcedural Law Garnishee order must be issued by court competent to take cognizance of the matter The issuing of a garnishee order by a court, that does not have the authority to issue it due to a lack of competence to…MMA EditorSeptember 27, 2019