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Case Law · Commentary3 June 2026 · 9 min read

From MAD 9.9 million to MAD 500,000
why the judge can correct the expert (Cass. Com. 2021)

The Court of Cassation, Commercial Chamber, in its ruling No. 439/1 of 24 June 2021 (case file 2020/3/3/330), restates a principle that should not need restating: a judicial appraisal is not a quantified sentence — the judge always keeps the final say. The expert had valued the loss between MAD 7.1 and MAD 9.9 million; the Court of Appeal awarded MAD 500,000; the Court of Cassation upholds it. A practical commentary for owners facing unlawful occupation and the counsel who defend them.

Occupation indemnity without title Court of Cassation ruling 2021
A well-conducted judicial appraisal is necessary but never sufficient — the litigation strategy built around the appraisal weighs as much as the figures.

In brief: Court of Cassation, Commercial Chamber, No. 439/1 of 24 June 2021 (case file 2020/3/3/330, Rabat). An owner discovered the unlawful commercial occupation of her registered plot (Land Title 32/18738). The expert valued the loss between MAD 7.1M and 9.9M; the Court of Appeal awarded only MAD 500,000 — real surface 1,627 m² (not 7 ha), real duration 2 years (not 12 years). The Court of Cassation dismissed the appeal: the judge sovereignly assesses all evidence, including expert reports, under article 264 of the DOC (actual loss + lost profit). The core lesson: the appraisal does not make the decision; the quality of the EVIDENCE (proof of surface, duration, comparable rental value) counts as much as the report itself.

1. What the Court (re)states

The ruling matters less for its innovation than for its firmness. The Court of Cassation restates the principle that judicial appraisal — even when rigorously quantified — remains one element of assessment among others. The central reasoning, quoted verbatim by the Court, deserves to be posted in every law firm and at every real estate expert's office in the country:

“Having sovereignly assessed all the evidence, including the expert reports, in order to determine the real surface and duration of the unlawful occupation of a plot of land, the Court of Appeal correctly deduced therefrom, in application of the provisions of article 264 of the Dahir of Obligations and Contracts, the amount of the indemnity apt to repair the loss suffered by the owner.”

Practical translation: the expert brings technical skills (measuring a surface, retrieving a rental value, projecting lost income). The judge brings the legal characterisation (proven duration, proven perimeter, ceiling of DOC art. 264). The two do not cancel each other out — they add up. The lawyer who pleads believing the appraisal dispenses with producing the supporting evidence is mistaken.

2. The detail that changes the outcome: surface and duration

The enormous gap between the initial claim and the final decision (MAD 9.9M claimed vs MAD 500,000 awarded) did not come from a poor appraisal method. It came from two variables the Court reframed on the basis of the evidence:

  • Surface actually occupied: 1,627 m² (not 7 hectares as claimed)
  • Real duration of occupation: 2 years (not 12 years)
  • Nature of the property: bare land, unserviced, without construction
  • No proof of additional material loss (lost rental income)

Over 12 years × 7 ha, the expert had built a projection. The Court found that 12 years were not demonstrated and that 7 ha were not effectively occupied. The calculation basis collapses — and the result with it. It is a lesson in the law of evidence: a fine report resting on unproven assumptions does not convince a cautious judge.

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3. The lesson for owners facing unlawful occupation

Beyond the legal reasoning, the ruling teaches owners facing occupation without title how to frame their action:

  • Document the start date of the occupation by any means giving a certain date (bailiff report, geolocated and dated photos, tax returns mentioning the dispossession, prior complaints, witness statements). Without this proof, the calculation will start at the date of the judgment, not at the date of the actual occupation
  • Measure the actually occupied surface with a licensed surveyor (not by reading the land title). It is the surface effectively used that enters the calculation, not the total area of the plot
  • Establish the comparable rental value (bare land, serviced land, land in commercial use). If the occupant runs a business, the commercial rental value prevails — not the mere agricultural rent
  • Prove the precise lost profit (refused lease offers, delayed development project, blocked mortgage application). Without this, only the actual loss is compensated — not the potential

4. The lesson for real estate experts

The expert is not a calculator. The expert is a methodological arguer. A report that offers a range (between MAD 7.1M and 9.9M) without indisputable documentary grounding is a fragile report. RICS practice imposes instead a grounded structure: (a) the property is designated in an incontestable way (land title, plot, measured surface), (b) the method is justified and reproducible (comparison VPS 3, income capitalisation, etc.), (c) the assumptions are documented (proven duration, comparable rental value), (d) the limitations and exclusions are stated. An expert who reaches a range must also indicate the most probable median scenario and explain why.

5. The broader scope: pre-litigation vs judicial appraisal

This ruling confirms the value of a pre-litigation appraisal commissioned by the owner before the action is launched — to set the indisputable perimeter of the claim (surface, duration, value). Submitted to adversarial debate from the first instance, it prevents the defence from overturning the basis through a reverse survey measurement or a challenge to the duration. The function of a private appraisal is not to replace the judicial appraisal — it is to map out the factual ground on which any subsequent appraisal will rule, and to support your position with third parties.

Takeaway.Ruling No. 439/1 of 24 June 2021 revolutionises nothing — it reminds. A well-built judicial appraisal will be neither discarded nor overvalued by an attentive judge. It will be integrated into a body of evidence whose quality depends as much on the exhibits produced by the parties as on the expert's conclusions. For an owner facing occupation, the work begins before the writ, not after.

Before litigating, get your property valued by our independent RICS appraisal service, review our condominium advisory, browse more analyses on the ReaConsult blog, or contact our team.

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