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Municipal Council of Ouezzane v Khadouj Slama and co-defendants

Country/Territory
Morocco
Type of court
National - higher court
Date
May 30, 2013
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Landfill site – use of an estate – legality of the examination.

The court issuing the appealed decision answered about the illegality of the examination and the lack of how it established that the municipal council is the one using the land as landfill with “the plaintiff was not present during the legal examination even though being notified by the legal expert, which means pretending not being notified to attend the examination is just a non-objective defense to remove the expert conclusions. According to facts the expert had personally noticed the plaintiffs using the defendants’ estate in dumping garbage by trucks belonging to the municipal council of Ouezzane…”. Regarding the argument that defendants had not proved their ownership with a legal evidence. The court decided that this defense is not acceptable since the plaintiff had not raised it before the trial court. The court had decided the same thing about the fact that the legal expert did not make sure of the defendants’ ownership of the land subject of litigation. Yet what was raised is that the litigation lacks proof while the court proved otherwise since the defendants produced evidence to prove ownership and legal finding to prove the plaintiffs exploitation of the land subject of litigation.

Available in
Court of Cassation’s Decisions on the environment