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Colonial Cases

Bugija v. Cumillery, 1870

[succession]

Bugija v. Cumillery

Judicial Committee of the Privy Council
5 July 1870
Source: The Times, 6 July, 1870

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, July 5.
(Present - Lord Cairns, Sir W. Erle, Sir J. Colville, and Sir L. Peel.)
BUGIJA v. CUMILLERY.
  This was an appeal from a decision of Her Majesty's Court of Appeal of the Island of Malta, and related to some property called the "Villa Preziozi," which Count Preziozi had left to his children. The appeal had been pending about two years before it could be heard.
  Mr. Dickinson, Q.C., and Mr, E. O. Haynes were for the appellants; and Sir R. Palmer, Q.C., and Mr. Archibald for the respondents.
  The case was opened on the part of the appellants, and occupied several hours.  The point was whether the property ought to be partitioned, as contended by the appellants, or sold by auction, as alleged by the respondents.
  Lord Cairns delivered the judgment of the Committee, by which the Appeal was dismissed, with costs.

 

Source: The Times, 6 July, 1870


JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, July 5.
(Present - Lord Cairns, Sir W. Erle, Sir J. Colville, and Sir L. Peel.)
BUGIJA v. CUMILLERY.
  This was an appeal from a decision of Her Majesty's Court of Appeal of the Island of Malta, and related to some property called the "Villa Preziozi," which Count Preziozi had left to his children. The appeal had been pending about two years before it could be heard.
  Mr. Dickinson, Q.C., and Mr, E. O. Haynes were for the appellants; and Sir R. Palmer, Q.C., and Mr. Archibald for the respondents.
  The case was opened on the part of the appellants, and occupied several hours.  The point was whether the property ought to be partitioned, as contended by the appellants, or sold by auction, as alleged by the respondents.
  Lord Cairns delivered the judgment of the Committee, by which the Appeal was dismissed, with costs.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School