Infiltration of polluted water – bacterial pollution – well’s water –undrinkability of the water – liability of REDAL company

Title:
Infiltration of polluted water – bacterial pollution – well’s water –undrinkability of the water – liability of REDAL company
Party:
Morocco
Region:
Africa
Type of document:
National - higher court
Date of text:
April 03, 2014
Data source:
InforMEA
Court name:
Court of Cassation
Seat of court:
Rabat
Link to full text:
https://juricaf.org/
Abstract:

The court established that the laboratory tests confirmed that the water of the defendant’s well is polluted and contains fecal bacteria and is no longer drinkable and that the soil and plants were damaged by bacterial pollution because of the company treatment of sewage by the plaintiff’s real estate, whicn in case of pumping huge quantity of it or during rain, this water surfaces on the top and floods the front side of the house and the well, and thus the court decided the liability of the company for the damages caused to the plaintiff with certainty based on the laboratory tests that confirmed the infiltration of polluted water to the real estate subject of this litigation, based on the fact that the elevation of water level thanks to rain and based on the fact that pimping wastewater might elevate according to circumstances, and thus its decision is well grounded.


Request rejected

Available in:
Court of Cassation’s Decisions on the environment