For assaulting his privacy without his knowledge

15,000 dirhams in compensation for a man because of a photo in a government agency

The Court of Appeal ruled to overturn a judgment of the Court of First Instance, requiring a man to pay another compensation in the amount of 5,000 dirhams, for assaulting his privacy and photographing him in a government agency without his permission, and the Court of Appeal decided to increase the amount of compensation to 15,000 dirhams.

In the details, a man filed a civil lawsuit against another, in which the ruling demanded that the defendant pay him an amount of 500 thousand dirhams as compensation for his material and moral damages and 12% interest due to his attack on his privacy by photographing him without prior permission.

He pointed out that the defendant was convicted in the criminal case by a final ruling that ordered his imprisonment with detention, while the court of first instance in the civil lawsuit ruled obligating the defendant to pay him 5000 dirhams as moral compensation, and rejected the part of the material compensation and interest, and obligated the plaintiff as a convicted person in favor of 75% of Expenses.

The appellant did not accept the ruling, appealed against it before the Court of Appeal, and asked for his appeal to be accepted in form, and in its subject matter to annul the judgment, and to adjudicate him in all of his requests in the appealed case, citing the violation of the law and the error in its application, and not paying attention to what he spent during his litigation against his opponent, and for the diminution of the amount of compensation awarded Him, and obligate him to part of the expenses.

The appellant submitted a memorandum to respond to the appeal, in which he demanded his rejection of the verdict for the maliciousness of the appealed case due to a previous commercial dispute between them, and filed a subsidiary appeal against the judgment of a court of first instance, alleging that the judgment violated the law, and the error in its application for the appellant’s original lack of entitlement to compensation, as he suffered no harm or What he takes into consideration is not to publish what was taken of him in terms of photos or to use them in an abusive way, requesting that his subsidiary appeal be accepted in form, and in the matter the termination of the appealed judgment and the dismissal of the case

The Court of Appeal clarified that the final court has the power of the adjudic order when it has settled between the litigants in an explicit or implicit and definitive manner, and when the judgment has this power, it forbids the litigants in the case in which it was issued from returning to discuss the matter in which it decided, even with legal or factual evidence It has never been raised.

She indicated that, according to the criminal ruling, an offense was issued by the sub-appellant of the original appellant by assaulting his privacy, while he took pictures of him on his phone during his presence in a government agency, which was a reason for criminal punishment of him with imprisonment and suspension under the final criminal court.

The court ruled accepting the two appeals formally, and in their subject matter rejecting the subsidiary appeal from the adjudged person, and amending the appealed decision by partially canceling it, as it was decided by the judiciary to pay compensation and interest to the original appellant, and what obligated him as well as 75% of the expenses of the appealed case, and the judgment again for the original appellant with a material compensation The amount of 10 thousand dirhams, so that the total amount of his compensation becomes 15 thousand dirhams, with an interest of 5% on the total amount above, and the subsidiary appellant is obligated to pay the lawsuit expenses and the expenses of the two current appeals, and to support the appealed judgment otherwise.

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