Issuance of a contradictory order of the court
The existence of an eviction order does not permit a new order to be issued without annulling the original one
When a court order is issued to recover possession of ...
Articles
Noise pollution from entertainment venues
A court may order that noise pollution be prohibited, except at the times and volume permitted by a licence from the competent authority
The operation of an entertainment venue requires ...
Surety for issuance of an order without notice
No interim order is issued unless a guarantee is provided in favour of the person against whom the order is sought
The court within the scope of its powers, upon ...
Appointment of a receiver or manager of the property of a company
It is a contractual right and is not subject to validation by the court or approval or acceptance by the registrar of companies
The security afforded to a company creditor ...
Intention to transfer property to enclaved buyer
The director of the land registry notifies each affected person of his intention to transfer the property to the enclaved buyer
When examining an application by an enclaved purchaser, if ...
Recourse against a town planning and a building permit
ΤΗΕ building development seen in towns with the construction of apartment buildings between houses is now a necessity due to the lack of available plots. The adverse effect on amenities such ...
An arbitration clause survives in statutory tenancy
A clause in a tenancy agreement referring a dispute to arbitration survives in statutory tenancy
The parties in any contract, including a tenancy agreement, may include a term providing that ...
Violating the right of access
The right of access is attached to the property granted and its violation constitutes trespass
The right of access granted through a neighbouring to an enclaved property is an easement ...
Donation agreement between parent and child
The donation agreement should be simple, clear and without reservations
A parent wishing to transfer property to a child should not leave pending matters which may create disputes between their ...
Insufficient protection of landlord against rent default
The law does not provide a mechanism for the collection of rent deposited with the court
The owners of properties subject to the rent control law are not sufficiently protected, ...
The real estate market determines rental values
Prevailing real estate market conditions affect rental values of properties accordingly, though for those subject to rent control there is the protection of the court. Determination of fair rent in ...
Laches in taking legal steps
The defence of laches must state the adverse effect on the defendant
Taking legal steps on time in pursuing a right protects a plaintiff from the defence of statutory limitation ...
Revocation of a public tender
It is justified for reasons of public interest provided it does not violate the principles of good administration
The revocation of a public tender is a serious act and the ...
Liability in an informal partnership
A partner is personally liable for fulfillment of obligations of the partnership
A partnership is formed by people conducting joint business for profit and is not considered to have a ...
Lease subject to the sale of a property
A condition in a lease agreement that in the event the property is sold the lease will be terminated is applicable
If a remedy is pursued in an application for ...
Right of tenant to file a reply
The tenant can apply to the rent control court for leave to file a reply
A tenant’s right of access to the Rent Control Court when arrears of rent ...
Discontinuance of court proceedings
Justice does not function in vain
Justice cannot function in vain, so any action or other court proceedings are not maintained when it is found that they have no object ...
Issuance of title deed by the purchaser
The law gives the purchaser the right to issue the title deed of the property purchased
Deposition of a sale contract at the land registry safeguards the rights of the ...
Registration of assistant real estate agent
A person who is employed by a licensed real estate agent can be registered in the Registry of Assistant Real Estate Agents
An assistant real estate agent is someone employed ...
Obligation to grant a passage
It is possible to acquire a passage if land is enclosed or existing passage is insufficient
Article 11A of the Immovable Property Law, Cap.224, provides for two separate cases for ...
Rights of assignor and assignee in an assignment agreement
In case of an absolute assignment of a debt, the assignee has the chose in action
An assignment agreement regulates the rights of the assignor and the assignee, especially when ...
Stay of proceedings due to a liquidation application
The purpose of the stay is to protect the company’s assets and the rights of its creditors
Protecting the rights of the creditors and the assets of a company ...
Service of a lawsuit to the receiver of a company
A lawsuit against a company under receivership is served to the receiver or its registered office
A company’s receiver is appointed by a secured creditor, a debenture holder under ...
The principle of right and obligation
He who benefits from a transaction must also bear the burden
A basic principle of law is that a person who chooses to accept a right that involves the fulfilment ...