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There must be a clear understanding in a Prestanome arrangement
A Prestanome is an indirect mandate, but the parties have to be aware of its existence to be valid
2 May 2021, 12:24pm
by Malcolm Mifsud
A Prestanome is an indirect mandate, but the parties have to be aware of its existence to be valid. This was held by the Magistrates’ Court in Gozo, presided by Magistrate Dr Brigitte Sultana on 27 April 2021 in Peter Camilleri -v- Lee David Camilleri and Nicholas Camilleri
Peter Camilleri filed an application wherein he explained to the court that he runs a fixed kiosk in Dwejra, Gozo. Due to other commitments he had allowed his brother Emanuel Camilleri to make use of this business. When Emanuel died, his two sons, Lee David and Nicholas Camilleri continued to run the business at the kiosk. The Plaintiff asked them to leave, but the Defendants refused. The Plaintiff asked the court to allow him to take over the kiosk once again. The Camilleri brothers filed a statement of defe