114. In the instant case, as earlier indicated, a report of an expert valuation of the
said property is essential. While this duty has not been discharge, the Court has the
obligation to identify and analyse all facts claimed and documents annexed that are
placed before it to reach a fair, equitable and just finding as to whether a claimed
fact has been proved
115. The Court notes that the Applicant has put in evidence the fact that on the 9th
of March 2004, the Dakar Regional Court approved the auction and awarded the
forced sale of the property to one Madame Salimata Siama in the sum of 14,000,000
CFA Francs (14 Million) for payment default on a loan of 3,250 000 CFA Francs
(three million, two hundred and fifty thousand) without interest. Below is an extract
from judgement of the Court approving the said auction which was annexed by the
Applicant. (Exhibit 2)
116. “FOR THESE REASONS”
The Tribunal
- Sitting in a public hearing, in a civil matter, and in last resort,
- Having regard to the bidding period, as prescribed by law;
- Adjudges the bidding process on the afore - mentioned plot of land registered
under Title no. 11766/DG as won by Salimata SIAMA, at the price of fourteen
million (14,000,000) cfa francs, subject to the…
- Orders that notification of the judgment be done on all who are in possession
of any document relating to the said plot of land, to relinquish same to
Salimata SIAMA, failing which they will be constrained to quit, by all legal
means, including expulsion.”
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