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Municipal council of Ouezzan v Mohammed Benjelloun

Country/Territory
Morocco
Type of court
National - higher court
Date
Aug 5, 2017
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Landfill site – use of real estate – reparation of harm – compensation.

The court issuing the appealed decision established that the plaintiff threw the garbage on the estate subject of dispute through the following arguments: “experts assigned by the court and by the first instance court concluded in their reports that there is a landfill in the said estate and is exploited by the plaintiff…” The court then demonstrated sufficiently that the plaintiff threw garbage in the defendant’s estate when based its decision on the file’s documents through which it finds that the expert concluded in his report that the defendant is the one that took the estate subject of this litigation as a landfill, and according to the statement of witness who works for the Municipal council who declared that the municipality of Ouezzan which is doing it. Also, according to the letter of the municipal council that confirms that the plaintiff had talk about a transaction with the defendant to find a solution, which means that he really exploits the land lot, if not what would be the goal of a transaction about a dispute unless it exists. Regarding compensation, the court issuing the appealed decision was based on the obligatory transfer of the property subject of litigation to the plaintiff after taking the quality of public service, which means that he left the property of the defendant as was specified for depriving him from exploiting olive trees since 1992, which makes the estate no longer in the ownership of the defendant and because the olive trees no longer exist because the garbage harmed it and lead to its demise as was proved by the legal examination, which makes the decision well-grounded and sufficiently justified.