In its judgment delivered on the 27 November 2025, in the names
of Raymond Agius (the "Plaintiff") v.
Szymon Konrad Kuchta (the "Defendant"),
the First Hall Civil Court (the
"Court"), presided over by Madame
Justice Dr Joanne Vella Cuschieri, considered the elements of the
'Actio Manutentionis'. In this case, the Court declared the
Defendant to be in default (in Maltese this is referred to as
"kontumaci"). Accordingly, before examining the
substantive elements of the 'Actio Manutentionis' and the
findings of the Court, it is necessary to consider the state of
default and its legal consequences.
The state of default – "L- istat ta'
kontumacja"
For a person to be in default, a court must first be satisfied
that the person was duly served with a copy of the written
pleadings. It is therefore relevant to consider Article 187 of the
Code of Organisation and Civil Procedure, Chapter 12 of the Laws of
Malta (hereinafter the "COCP") which
deals with the modes of
