Original language

English

Country
Morocco
Date of text
Type of court
National - higher court
Sources
Court name
Court of Cassation
Seat of court
Rabat
Tagging
Standing, Evidence
Abstract

Occupying a public garden in a residential neighborhood – use – judicial protection – elimination of harm – compensation

The court established that the defendant occupied the public garden that was built inside a residential neighborhood by the plaintiff, the active association in the field of environmental protection, and uses it by cutting down trees and planting implantation and a fence and opened an access to it. The court therefore when ordered the defendant to stand down and return it to its previous state and compensate the harmed party, it used its power to assess the evidence and did not breach any provision.