Family Law Warrants enforcing executive titles may be challenged in very limited cases Once the merits of a case have been decided, the court cannot reopen the same issues, when a warrant intended to enforce a judgement has…Marthese HiliNovember 21, 2021
Civil LawProcedural Law Suspension of court case in order to wait for another court case is exceptional The Courts may be faced with a situation whether it would be best to wait for the outcome of another case. However, this is not…Marthese HiliNovember 7, 2021
Procedural Law Amendments to the Code of Organisation and Civil Procedure in Relation to the Rules Regulating Appeals These amendments were enacted through Act XXXII of 2021 which came into force on 18th June, 2021. Appeals filed before the coming into force of…MMA EditorAugust 13, 2021
Administrative Law Ordinary remedies must be used before asking for a judicial review Parties subject to an administrative decision must first avail themselves of the ordinary remedies at their disposal before filing for a judicial review before the…MMA EditorJune 20, 2021
Civil LawProperty Law If one wants to file an action for a retrial, the appropriate procedure must be used Not any action may be used for the purposes of a retrial, in terms of Article 811 of the Code of Organisation and Civil Procedure.…MMA EditorJune 13, 2021
Civil LawProcedural Law Penalties imposed on who issues needless warrants is a question of public order The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not…MMA EditorMarch 21, 2021
Administrative Law There is no judicial review for decisions refusing citizenship applications The granting of citizenship is the Minister’s discretion and therefore, cannot be subject to the Court’s judicial review.Marthese HiliMarch 14, 2021
Civil LawProcedural Law Court may not be competent to hear a counter-claim due to the sum claimed A court may not be competent to hear a counter-claim because that claim is lower than the threshold in which the court may hear cases.Marthese HiliJanuary 17, 2021
Civil LawConstitutional LawFamily Law Constitutional proceedings can be initiated if there’s no effective and adequate remedy This principle was reiterated in Ismail Issa v. Attorney General decided on the 26th November 2020 by the Civil Court, Constitutional Jurisdiction.Marthese HiliDecember 27, 2020
Civil Law Prejudice is not a reason for a precautionary warrant to be revoked The Court will not revoke a garnishee order on the ground that the subject of the order is being prejudiced.MMA EditorNovember 1, 2020