57. The Court notes the following similarities gathered from the facts before it:
a. The date of birth: both parties were born on the same day, month and year.
The synopsis from the land registry document attached to the initiating
application of the Applicant (Exhibit 1) states that the land was “relinquished
through sale to Mr. Siekhe Gueye, Muslim, Male married according to Islamic
rites, living at Diourbel in St. Louis Senegal where he was born on 28 July
1930 (emphasis provided). Similarly, the first page of the initiating
application of the Applicant (Doc1) states as follows: FOR Mr. Cheikh
GUEYE born 28 July 1930 at St. Louis, living in the quartier Cheikh Ibra
Fall, Abdoulaye Diop Diourbel.
b. Residence: From (a) above, a further similarity is that both parties reside in
St. Louis, Diourbel Senegal.
c. Registration details of property. The synopsis of the land registry document
described the property as having been carved out of a whole property
registered under Title No 4459/DG and conferred on one Siekhe Gueye via a
deed of sale by one El Hadji Mamadou Assane Ndoye in April 1963.
Consequent on which the carved out plot was captured under a distinct title
No 1176 (emphasis provided) (Exhibit 1). The Applicant’s claim is also in
respect of the land with the same registration details. See (Document 1 page
2) under Summary of Facts: “A Senegalese citizen, Mr. Cheikh Gueye claims
that he owns a building at Fass Delorme. The Land which land title bears
number 11766 was acquired April 1963” Noteworthy is the fact that the
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