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Kappara flyover tenants get court reprieve on €200,000 compensation bid Operators of a 32-year-old restaurant expropriated for Kappara flyover win court appeal to have compensation case heard by Land Arbitration Board 3 March 2021, 11:47am by Matthew Agius The Calleja family, which ran The Cottage restaurant, were offered a mere €13,000 compensation in court despite having paid their rent for two years up-front when the restaurant was expropriated The operators of a 32-year-old restaurant expropriated for the Kappara flyover, have won a court appeal to have their case for compensation ...

Damages on botched Flower Power sale climb to €1.5 million The Court of Appeal has increased the amount of contractual damages awarded to a company over the sale of land at Ta’ Qali 18 February 2021, 7:56am by Matthew Agius The Court of Appeal has increased – by a multiple of over 23 – the amount of contractual damages awarded to a company over the sale of land at Ta’ Qali. On 10 June 1998, plaintiff FourX Limited had bought half of a parcel of land in Ta’ Qali from defendant Mediterranean Flower Products Limited. On the same contract, defendant Flower Power (Sales) Limited had b...

A suspect drug trafficker has successfully challenged the admissibility of a statement taken down by police while interrogating him 11 years ago when his lawyer was not present. The often-contested issue once again came to the fore in a pronouncement by the Constitutional Court, stating that “different governments over the years” should not have delayed updating the system in line with the direction taken by the European courts. Morgan Onuorah had been arrested in February 2010, over his alleged involvement in a drug deal. He pleaded not guilty upon his arraignment over drug trafficking c...

The grandparents first sought recourse before the Italian Tribunal for Minors, which concluded that it lacked jurisdiction since the child lived in Malta.  They then went before the Maltese courts, whereby they obtained a preliminary judgment from the Family Court, acknowledging their juridical interest to seek access. However, this was not an automatic and absolute right. The child’s parents appealed.  The court of appeal observed that although the Civil Code contained no express provision granting such right to seek access, it did impose upon grandparents an obligation to provide “for...

The owner of a Valletta property he could not repossess because of the old rent laws has been awarded over €300,000 in compensation by a court. The Court of Constitutional Appeal found that the €60,500 compensation ordered by the First Hall of the Civil Court was too low when considering the rental income which the owner was missing out on. Presided over by Chief Justice Mark Chetcuti and judges Giannino Caruana Demajo and Anthony Ellul, the court found that while it was true that compensation was not based on market value, the court had to strike a balance when awarding payment. The cour...