Title:
Mohammed Abu Fadl v Ofuq association for the protection of the environment
Party:
Morocco
Region:
Africa
Type of document:
National - higher court
Date of text:
October 19, 2009
Data source:
InforMEA
Court name:
Court of Cassation
Seat of court:
Rabat
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.
Available in:
Court of Cassation’s Decisions on the environment