The First Hall of the Civil Court, presided over by Mr Justice Silvio Meli, on June 5, 2014, in the case ‘Antonia Dalli v Maria wife of Carmelo Dalli and others’, held, among other things, that a person claiming payment for services rendered had to bring independent and objective proof that she had done so in the expectation of receiving compensation and not on humanitarian grounds.
The facts in this case were as follows.
On June 24, 1992, Antonia Dalli filed legal proceedings against the heirs of the deceased Francesco Saverio Caruana, claiming compensation for services rendered during his lifetime. Caruana had died on January 11, 1992. Dalli asked the court to declare that she had rendered services to her uncle, her mother’s brother, and to liquidate the compensation due to her.
In reply, the defendants contested her claims. They submitted that certain persons were not legitimate defendants and that her legal action was time-barred after the lapse of the five-year prescription under article 2156 (f) of the Civil Code.
As regards the merits, they disputed that Dalli had rendered any services whatsoever to the deceased. They said that he had been capable of looking after himself save for the final three days before his death. If she had give him assistance she had done so without any expectation of reward and only owing to her family relations with the deceased.
On her mother’s death, Dalli became one of the heirs.
She claimed that for over 25 years, she had provided services to the deceased, who lived alone, in the hope of reward. She washed his dishes, provided him with car transport to his medical doctor and assisted him when he was ill, even if he was not bedridden. She visited him twice weekly for periods of four hours each time. After her uncle (deceased) suffered a heart attack, she took care of collecting his medical prescriptions and pills. She would also attend to his social security matters.
It was stated that although the deceased had promised to compensate her, he had never paid her anything. The deceased’s estate consisted of Lm1,100 in cash out of which the funeral arrangements were paid, two shotguns and a share of a field which he had inherited from his mother, and which he had sold.
Dalli said she had taken his TV as well as his two shotguns, which she eventually deposited with the police. Her brother, Mario, confirmed that his sister would clean her uncle’s home and wash his clothes. Her brother also testified that his sister had quarrelled with their uncle some four or five years before.
After their quarrel, another person had provided assistance to the deceased. It was stated that he was in apparent good health until 10 days before his death and was independent. He would shop and cook for himself.
The court noted that this case had been filed before Act XXI of 1993 which had radically changed family law and the legal autonomy of married women. At the time of the lawsuit, the husband had to be included in legal proceedings against his wife, as he was the administrator of the community of acquests. In this respect the court rejected the first preliminary plea of G. Sammut, F. Grech, Carmelo and Joseph Bonnett, Teresa and F. Farrugia, L. Caruana and Salvu Caruana.
The claim for payment of services rendered lapsed after five years
Reference was made to ‘Ivy Angus v Joseph Calleja noe’ (PA) dated February 15, 1958, (Vol. VLII p924), where the following was established: “The claim for payment of services rendered lapsed after five years, even if the services were continuous.”
In this case, the lawsuit had been filed on June 24, 1992. It did not result that Dalli had brought proof that the term of prescription had been interrupted by any judicial act or by any explicit recognition. The operative period therefore for rendering services was the period between June 24, 1987, and January 11, 1992, the date of death of her uncle.
The court noted that Dalli claimed that she had bestowed her services in expectation of payment. The court, however, did not find that she had brought tangible proof which was objective and independent, to substantiate her allegations.
Her allegations that she had helped her uncle for 25 years were contradicted by defendants. Besides, her services and assistance had not been continuous. She had also quarrelled with her uncle and had not spoken to him for a number of years.
In the case ‘Ivy Angus v Joseph Calleja noe’, it was held that such action was based on a quasi-contract and on the presumption that the person rendering the services did so for reward, and not on humanitarian grounds with no thought for payment or simply for helping another family member. A person claiming payment had to bring proof for their action to succeed.
The court noted that Dalli had in fact rendered services to the deceased, but her services had been very limited and for a very short time. In this respect it agreed that she was due €250 in compensation for her services.
For these reasons, on June 5, 2014, the First Hall of the Civil Court gave judgment by declaring that Dalli had indeed given her services to the deceased for which she was due €250. Defendants were confirmed to pay her €250.
Dr Karl Grech Orr is a partner at Ganado Advocates.