The Court may ask an interested party to join a court case
Malcolm Mifsud
The Court has the power to order a third party to a lawsuit to join the action, if the third party has a direct interest in the case
An email may be sufficient for an agreement
Malcolm Mifsud
The Court had to delve into the wording of an email to see what agreement had been reached by the parties.
Court turns down plea that the applicant has other remedies
Malcolm Mifsud

The First Hall of the Civil Court in its Constitutional jurisdiction turned...

The First Hall of the Civil Court in its Constitutional...

Harassment is harassment if there is more than one incident
Malcolm Mifsud

Harassment can take the form of words or actions. The prosecution must prove a...

Harassment can take the form of words or actions. The...

Cash payments still have to be proved
Malcolm Mifsud

The plaintiff had originally claimed before the Magistrates Court that Galea owed him €5,140 for merchandise that he had sold him

The plaintiff had originally claimed before the Magistrates...

A co-owner has to pay his share for urgent works
Malcolm Mifsud

The shares of the co-owners shall, unless the contrary is proved, be presumed...

The shares of the co-owners shall, unless the contrary is...

Damages arise when a co-owner excludes another co-owner
Malcolm Mifsud

Co-owners cannot occupy common property and take the fruits of that property...

Co-owners cannot occupy common property and take the fruits...

In spoliation, the perpetrator must be identified
Malcolm Mifsud

The plaintiff in his application explained that a block of apartments owned by...

The plaintiff in his application explained that a block of...

Departmental decision is required for judicial review
Malcolm Mifsud

A court may delve into a government department’s decision and not into...

A court may delve into a government department’s...

Interpretation of a contract is taken from the wording of the contract
Malcolm Mifsud

The interpretation of a contract is done in accordance with Article 1002 of the Civil Code and therefore, the interpretation should be extracted from the...

The interpretation of a contract is done in accordance with...

Court must limit itself to the ground for liquidation proposed by the plaintiff
Malcolm Mifsud

The court held that if the applicant company did not manage to satisfy the requisites which it itself quoted as being Article  214(2)(a)(ii) it could not...

The court held that if the applicant company did not manage...

Court disagrees with easement claim
Malcolm Mifsud

The plaintiff claimed the defendants make use of a cesspit which is situated in her property and to make use of the cesspit they pass across her property...

The plaintiff claimed the defendants make use of a...

Court orders defendants to follow up judicial letters by instituting lawsuit against plaintiff
Malcolm Mifsud

The plaintiffs asked the court to order the defendants to follow up the case by taking legal action to establish their rights, or, alternatively to stop making...

The plaintiffs asked the court to order the defendants to...

No spoliation if defendant had purchased the property, with plans showing windows
Malcolm Mifsud

Before the application was lodged the defendants constructed a new window overlooking the drive-in and this, according to the plaintiffs, was done against the...

Before the application was lodged the defendants...

Wife responsible for breakup of marriage following a one-way trip
Malcolm Mifsud

A wife's 'holiday' turned into a permanent relocation to Ethiopia...

A wife's 'holiday' turned into a permanent...

Taxpayer may prove prima facie that Tax Department assessment is excessive
Malcolm Mifsud

The taxpayer contested tax assessments issued by the Commissioner for the years between 2000 and 2004 and asked the Tribunal to cancel them.

The taxpayer contested tax assessments issued by the...

Buyer will have to sign purchase contract even if he withdraws an application for a bank loan
Malcolm Mifsud

The facts show that the promise of sale was to expire on 7 May, 2012 and that the bank loan had to be approved by 15 December, 2011, on the promise of sale a...

The facts show that the promise of sale was to expire on 7...

Child may sue for damages for murder of father, even if child was unborn when murder took place
Malcolm Mifsud

According to the plaintiff the defendant was responsible for the father's death and as a result both mother and son suffered damages. 

According to the plaintiff the defendant was responsible...

Witness’s change of version of events may undermine prosecution’s case
Malcolm Mifsud

The Magistrate explained that the prosecution is bound to convince the court that the charges issued against the accused have been proved beyond...

The Magistrate explained that the prosecution is bound...

Separation and divorce authorised simultaneously
Malcolm Mifsud

Either of the spouses may demand separation if, for two years or more, he or...

Either of the spouses may demand separation if, for two...