HIBAPRESS – Casablanca
In a post by Professor Mohamed Tarchi, a lawyer at the Casablanca bar, he discussed an important judicial decision issued by the Real Estate Chamber of the Casablanca Court of Appeal on October 20, 2025, in file number 823/1405/2025, which ended a dispute that lasted for more than three years. The decision ruled against accepting the request for reconsideration in form, confirming that the appeal did not meet the conditions stipulated in Articles 402, 408, and 410 of the Civil Procedure Code, and highlighting that reconsideration is an exceptional procedure that is only used in precisely defined cases.
Professor Tarchi explained in his post that the court provided a precise legal reasoning, through which it showed that reconsideration is not an ordinary means of reopening disputes, but rather an exceptional mechanism that aims only to correct serious and rare judicial errors. The decision also stressed that accepting such appeals frequently is considered a violation of the principle of stability of judgments and a threat to judicial security, due to the infringement on the authority of judicial decisions and the litigants' trust in justice.
Professor Tarchi added that this decision came after a thorny dispute that included seizures and financial restrictions that affected an association of a social nature, before it became clear that those measures were not legally based. The new ruling contributed to putting things back on track and consolidating the principle of the rule of law in enforcement and respect for the positions of the parties.
The court also highlighted, according to Professor Tarchi's analysis, that justice is not achieved by repeating appeals, but by consolidating the finality and stability of judicial rulings, which constitutes the core of legal security that the Moroccan judicial system seeks to consecrate. Exhausting the methods of appeal is not a restriction on justice, but a basic guarantee for protecting rights and preventing the misuse of judicial procedures.
Professor Tarchi concluded his post by emphasizing that this decision represents a qualitative addition to Moroccan judicial jurisprudence, as it contributed to clarifying the legislator's philosophy in organizing methods of appeal and defining the scope of using the reconsideration procedure. It also reflects an advanced judicial awareness of the importance of judicial governance and the rule of law, confirming that true justice lies in the ability to end disputes in a fair and stable manner, in a way that preserves the prestige of the judiciary and enhances the citizen's trust in the Moroccan judicial system.
