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ROYAL OFFICE OF PHOSPHATES (OCP)v heirs at law of Asbii Saleh

Country/Territory
Morocco
Type of court
National - higher court
Date
Feb 26, 2015
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Use of explosives – dust fallout – depletion of a well – the effect on
the use of the real estate – the liability of a service industry.


The court used the expert witness she mentioned in her judgment, which concluded that there are several cracks and fractures on the appellant’s house due to the use of explosives by the ROYAL OFFICE OF PHOSPHATES (OCP), and that there is white dust scattering from the location of phosphate extraction affecting the use of appellant’s real estate. The appellate court therefore demonstrated the direct relation between the harm suffered by plaintiff’s real estate and the ROYAL OFFICE OF PHOSPHATES (OCP) that caused it. The Supreme Court found then that the appellate court’s decision is legally grounded.

Request rejected

Available in
Court of Cassation’s Decisions on the environment