8. The Applicant states that he did not participate in any of the processes leading to
the sale of his property, including the signing of the mortgage agreement. As a
Notary Public witnessed the mortgage agreement in his absence upon a presentation
of a letter of proxy purportedly written by the Applicant. These facts remain
uncontroverted by the Bank. All services of notices regarding the sale were effected
by substituted service on the Town Council on the pretext that he could not be
located, despite his popularity in the city of Diourbel. Therefore, he only became
aware of the whole process on the 13 January 2006 during an attempt to evict him.
9. Following his knowledge of the auction of his property, he filed a case against
the Bank, its Director General-Mr. Azhar Khan, Mr. Saer Diop and Mrs. Salimata
Siama, before the Criminal Court for the offences of fraud, and forgery of
administrative documents, wherein he claimed the sum of 80 million CFA Francs
for damages. However, on 21 November 2006, they were acquitted of the alleged
offences while the Court rejected his claims for damages. Upon appeal, the Appellate
Court in a judgment dated 28 July 2014, set aside the judgment, not on the substance
but on the improper composition of the lower Court and ordered a retrial. A further
appeal was filed before the Court of Cassation but it was dismissed.
b) Pleas in Law
10. The Applicant alleges that the Respondent a violated his right to property under
Articles 14 and 17 of the African Charter and the UDHR respectively, by unlawfully
auctioning his property without his approval or knowledge. Article 14 of the African
Charter provides, “The right to property shall be guaranteed. It may only be
encroached upon in the interest of public need or in the general interest of the
community and in accordance with the provisions of appropriate laws.” Article 17
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