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Fitham Company v urban commune of Casablanca

Country/Territory
Morocco
Type of court
National - higher court
Date
Sep 17, 2015
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Discharge of garbage – other’s estate as a landfill – evidence.
The court responded to what was raised regarding the proof of allocating the estate to a landfill when it said “the assigned legal examination concluded that the commune seized the estate and allocated it as landfill lacks evidence especially because it stated in its report that it used research it conducted and the documents it got in this regard without stating what kind of documents and without presenting copies of them”. Thus, the court applied an harmonious justification when it stated that expert witness did not mention the nature of the research it conducted to verify that the estate was allocated as a landfill by the urban commune of Casablanca and the report was not attached with any documents proving the validity of its content regarding this issue.

Available in
Court of Cassation’s Decisions on the environment