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Title:
ROYAL OFFICE OF PHOSPHATES (OCP)v heirs at law of Asbii Saleh
Party:
Morocco
Region:
Africa
Type of document:
National - higher court
Date of text:
February 26, 2015
Data source:
InforMEA
Court name:
Court of Cassation
Seat of court:
Rabat
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