The prosecution must prove that both the material element and the formal element of the crime existed at the same time for a person to be held criminally liable
The general principle of contract of works is that if the works are carried out, then payment must be affected.
For a tender to be cancelled serious irregularities must be proven
The fact that the contracting authority did not follow anti-competition...
The fact that the contracting authority did not follow...
Individuals cannot force government to issue property on tender
Although individuals may have property adjacent to government land, they do not...
Although individuals may have property adjacent to...
Individuals cannot for the government to issue property on tender
Although individuals may have property adjacent to government land, they do not...
Although individuals may have property adjacent to...
Interim measures in human rights cases should be applied in exceptional cases
An interim measure should be allowed in very exceptional circumstances, such when the life of an individual is in danger
An interim measure should be allowed in very exceptional...
Court will only investigate a request for a counter-warrant on a prima facie basis
The Court cannot enter deeply into the merits of the case, in order to decide whether it should issue a counter warrant for a garnishee order
The Court cannot enter deeply into the merits of the case,...
A suspicion is not evidence
Circumstantial evidence is like a chain of evidence that must lead to the guilt of the accused
Circumstantial evidence is like a chain of evidence that...
Aggrieved bidder should not be penalised by mistake of contracting authority
Whenever a bidder in a public call for tenders feels that a decision taken by a Contracting Authority has been unjust in its regard the first possibility for...
Whenever a bidder in a public call for tenders feels that a...
Tacit resolutive condition may dissolve agreement only in grave circumstances
The Court will dissolve an agreement containing a tacit resolutive condition when there are grave reasons substantiating the claim
The Court will dissolve an agreement containing a tacit...
Court must be morally convinced charges admitted to actually exist
The Court when faced with a guilty plea must be still convinced that the charge...
The Court when faced with a guilty plea must be still...
Unfair dismissal must be decided on basis of legal requisites, not arbitrary criteria
When determining whether the dismissal from employment is a fair one or otherwise, the Industrial Tribunal is obliged to verify whether the requisites and...
When determining whether the dismissal from employment is a...
Terms of agreement should be clear between contracting parties
The parties to an agreement should be clear to each other and each of the...
The parties to an agreement should be clear to each other...
Shareholders may sue other shareholders for damages only in certain circumstances
Shareholders may take action against other shareholders only when it is impossible that the company will take action itself
Shareholders may take action against other shareholders...
Reputation issues may be reason to allow a liquidation of a company
The Reputation of fellow shareholders may be considered as a grave circumstance...
The Reputation of fellow shareholders may be considered as...
COVID 19 Legal Notice suspending liquidation of companies should be repealed
The Commercial Court asked Ministers to repeal Legal Notice 373/2020, which had suspended the winding up of companies as part of the pandemic measures taken
The Commercial Court asked Ministers to repeal Legal Notice...
Representation in a contract must be indicated
If a party is representing another party in an agreement or a contract must be...
If a party is representing another party in an agreement or...
Parties may not follow through on promise-of-sale if earnest (kapparra) is paid
If the purchaser pays earnest (kapparra) the parties may not contract the sale, however, the payment will have to be refunded or else the vendor will have to...
If the purchaser pays earnest (kapparra) the parties may...
Tribunals are set up by special laws
The jurisdiction of Tribunals are found in special law and if not found in the law, then the courts should adopt their general jurisdiction of the case before...
The jurisdiction of Tribunals are found in special law and...
When public interest comes into play
The authorities may take measures in private property in order to safeguard public health and within the pubic interest
The authorities may take measures in private property in...
