Article 281 of the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta regulates the manner how executive acts may be impugned.
It provides that any person against whom an executive act has been issued including any interested party, has the right to request the court to revoke the executive act either totally or partially.
Nevertheless, article 281 further provides that a person can positively challenge an executive warrant only for ‘any reason valid at law’.
The question here is what the legislator meant with the phrase by ‘any reason valid at law’.
The answer is found through jurisprudence, whereby it has been established that an executive warrant can only be challenged on a ‘mistake or error’ in its form. This was reaffirmed in another judgement by the First Hall Civil Court on the 6th September 2022 in Dr Julian Farrugia noe v Vista Jet Limited.
In this case Visa Jet Limited appealed the executive warrant before the court and requested the cancellation and revocation of the execution of the executive warrant issued on the 27th July 2022. The executive warrant was issued at the request of the executor Michael Pammer in relation to credit due as...
