Property Law Partial deprivation of right to property still breach of human rights Partial deprivation of one’s interest in or right over his own property may still constitute a breach of the fundamental right of enjoyment of one’s…MMA EditorOctober 19, 2018
Property Law Shortfalls in appraisement of property do not result in the suspension of a judicial sale by auction The said provision of the law states that in the valuation of immovable property the experts shall include a description of the property stating the…Marthese HiliAugust 17, 2018
Constitutional LawProperty Law Constitutional Court confirms unjust nature of band club rental laws, raises compensation sums This case was an appeal by the defendants who held that the decision taken by both the First Hall Civil Court as well as the…Marthese HiliJuly 27, 2018
Property Law When landlord offers tenant alternative accommodation, this has to be done in good faith Article 9(a) of the Reletting of Urban Property (Regulation) Ordinance allows the owner to take back the property for his own requirements and this must…MMA EditorMay 25, 2018
Property Law Court explains elements of Article 495A The particular elements of this section in the Civil Code were explained by Honourable Judge Mark Chetcuti in the case of Abela Carmelo Et vs…Marthese HiliMay 23, 2018
Property Law Refund of deposit takes place when promise of sale expires The Court ordered that a deposit paid on a promise of sale of a property be refunded not because of a breach of the agreement…Marthese HiliApril 26, 2018
Property Law Knowledge of spoliation is sufficient The defendant need not be the person who carried out the spoliation, but the knowledge that the works were being carried is sufficient for that…MMA EditorFebruary 9, 2018
Civil LawProperty Law No need of interpretation when the wording of a contract is clear The Court does not need to try to interpret an agreement, when the wording is clear and will apply that clear wording. This was decided…MMA EditorJanuary 26, 2018
Property Law Rent Regulation Board, not the courts, is competent to hear all cases concerning rent The First Hall of the Civil Court referred a case to the Rent Regulation Board after it decided that it was not competent to hear…Marthese HiliDecember 10, 2017
Property Law Parties may compete with different titles over the same properties If two parties are making claims on the same property, the plaintiff may be allowed to show the Court that he has a better title…MMA EditorNovember 10, 2017