Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 281
281. (1) Without prejudice to any other right under this or any
other law, the person against whom an executive act has been
issued or any other person who has an interest may make an
application, containing all desired submissions together with a ll
documents sustaining such application, to the court issuing the
executive act praying that the executive act be revoked, either
totally or partially, for any reason valid at law.
(2) The application shall be served on the opponent who shall,
within ten days, file a reply co ntaining all submissions which such
opposite party may wish to make together with all documents
sustaining the reply which are within its ability to file:
Provided that the court may, in urgent cases, reduce the
period referred to in this sub-article. In default of such oppo sition
the court shall accede to the demand.
(3) The court shall decide on the application after hearing the
parties and receiving s uch evidence as it may deem fit, if it s o
considers, within a period not later than one month from the fi ling
of the said application.
Appeal from
decree.
(4) An appeal from a decree deli vered under sub-article (3)
may be entered by application w ithin six days from the date on
which the decree is read out in open court. The Court of Appeal
shall appoint such appeal for hearing within one month from the
date when the decree is read out in open court, and the appeal shall
be decided within three months from the date when it has been
appointed for hearing.
(5) The security referred to in ar ticle 249 shall not be require d
in the cases referred to i n the previous sub-article.
Sub-title I
OF THE WARRANT OF SEIZURE OF MOV ABLE PROPERTY
92 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
Warrant of seizure
on movable
property.
Added by:
XIV .2006.14.
Amended by:
XII.2009.23.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.