Morocco’s Houmt El Chouk Case: Legal Counsel Asserts Moroccan-Zionist Company Lacks Standing and Presents Forged Documents
BY: Hana Saada
ALGIERS, November 15, 2023 – The surroundings of the courtroom witnessed protests from residents of “Houmt El Chouk” (Benkirane neighborhood) in Tangier this Wednesday morning, as more than 30,000 people face potential eviction from the lands contested by a real estate company.
The Tangier Court of First Instance experienced a surge of demonstrators calling for justice, coinciding with the hearing of the case before the presiding judge. The court is expected to deliver its initial verdict on November 20.
The real estate company, owned by a Moroccan-Zionist individual returning from the occupied territory, filed a legal suit seeking the evacuation of what it claims are “occupants” of approximately 14 hectares in the Benkirane neighborhood. In contrast, residents argue they have possessed their homes and lands for over 60 years.
Legal counsel for the defense, Abdelkhalek Al-Chibani, stated to local media that “citizens have a legitimate right, considering they have occupied the homes for more than 50 years.” Al-Chibani emphasized that the court, during its deliberations, raised several critical points that require careful examination by the defense team.
“The claimant company does not have the standing to litigate in this case since the Model 7 presented speaks of a company other than the one making the claim,” added Al-Chibani. He argued that the claimant company, identified as “Charaf Immobilier,” holding the property certificate, differs from the limited liability company mentioned in the submitted claim.
The court’s authority, Al-Chibani continued, is crucial in assessing the authenticity of the presented documents. He raised concerns about the legitimacy of the claimant company and its eligibility to pursue the lawsuit, asserting that if the company fails to prove its status, it cannot assert any rights over the disputed property.
Moreover, Al-Chibani noted that some of the documents presented by the claimant company are forged, indicating that the defense team has submitted evidence in this regard. The discretionary power lies with the court to scrutinize these documents.
The Tangier Court of First Instance, after discussing procedural matters, will proceed to deliberate on the substantive aspects of the case. Al-Chibani underlined that expedited justice cannot address the core issues of the case and affirmed that if the claimant company lacks the necessary qualifications and interests, it should not be entitled to make demands.
