Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 791

Official PDF on legislation.mt

791. (1) The defendant in a spoliation suit brought within the period of two months from the day on which the spoliation took place may not raise any plea other than dilatory pleas, before he shall have restored the thing to its former condition and fully revested the party despoiled with in the time which, according t o circumstances, may have been fixed in the judgment, without prejudice to any other right appertaining to the defendant. (2) The provisions of this articl e shall also apply in the case where a tenant has been dispossessed of the thing let out to hi m whether by the lessor or by a third party. (3) The court shall limit its inquiry to the question of possession or detention, and to the question of spoliation. Cap. 9. (4) In a spoliation suit the depositions of witnesses given in criminal proceedings for an offe nce under article 85 of the Criminal Code for the same conduct concerned in the suit shall be admissible as evidence in the suit without prejudice to the right of the o ther party to cross-examination. Sub-title VII OF THE PLEA OF LIS ALIBI PENDENS OR OF CONNECTION OF ACTIONS Lis alibi pendens.792. Where an action is brought before a competent court after another action in respect of the same claim has already been brought before another competent court, the second action may b e transferred for trial to such other court. Connection of actions, Amended by: IX.1886.100.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

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.