the judgment of the Tribunal Regional Hors Classe of Dakar (Exhibit 2)
approving the auction, states as follows: “Judgement No 691 of 9 March,
ordering the auction sale of plot of land with C. of O. No 11766, a mortgage
property seized from Saer Diop but real property of Siekhe Gueye...” In
essence, the registration No of the property auctioned is the same reflected in
the land title claimed by the Applicant.
58. From above facts, the Court is confronted with a confounding situation where
there abound numerous similarities of facts between the property held by Siekhe
Gueye who the Respondent puts out as the owner of the disputed property
hereinafter referred to as the “alleged owner” and that of the Applicant named
Cheikh Gueye.
59. In all these, while the surnames of both parties are the same, the only difference
is their first names, which was not resolved by the Applicant. Indeed, the title
document (Exhibit 1) indicate that a land was relinquished through sale to one Mr.
Siekhe Gueye as owner, the Applicant known as Cheikh Gueye on the other hand
contends that he owns the same land and supports this averment with the same
(Exhibit 1).
60. The Court is not discounting the discrepancy in the names as identified earlier,
which cast a shadow on the claim of ownership by the Applicant with the attendant
burden of proof to establish same. However, the similarities extracted from the facts
presented before the Court are threads that weave a close knit fabric of ownership in
favour of the Applicant whom the Court has come to a conclusion is one and the
same with Siekhe. It is impossible for an auctioned property with same registration
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